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The Research On Local Legislation Quality Security

Posted on:2010-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166360275999290Subject:Constitution and Administrative Law
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Local legislation quality security system is defined as a system and mechanism established throughout all aspects of the legislative work so that the quality of legislation can apply to the standards and obtain. The system must be scientific, standardized and orderly, coordinated convergence. Local legislation quality security system is an important component of the legislation quality system. The establishment of local legislation quality security system is a necessity in the development of legislative work. High-quality legislation only can function and have vitality through local legislation quality security system. Only by establishing and improving the local legislation quality security system, the quality of legislation will be guaranteed and improved stably .Local legislation quality security system is a complicated systematic project, which is a combination of several parts with democratic, scientific, comprehensive, statutory sexual characteristics. This paper is divided into four parts of local legislation quality security system for discussion.The first part is about the local legislation quality security system in the summary. First of all, clear the concept of the local legislation quality security system, and then on the local legislation quality security features, followed by the local legislation quality security system established principle that contains the principle of legality, applicable principles and scientific principles, efficiency gains principle, prominent local characteristics principle.The second part is about learning experiences from the foreign quality of local legislation. It illustrates from enhancing the legislative technique and paying attention to the laws revised and added respectively. For enhancing the legislation technique, the first thing is to follow the legislation principle. Analyzing the legislation principle's similarzing with the main legislation, legislative authority and operational procedures of the legislative various other aspects of legislation statutory sexual taking Switzerland constitution concerning to amend the provisions of the Constitution and ex- Romania of《Normative formulation of the draft document and legislative systematic technology total methods? as an example . Illustrating the legislation principle's existing thought out the legislation system taking U.S. amendment to the Constitution and French Constitution concerning to the provisions of《person and citizen of right declaration》as an example .Describe he lawmaking quality problem mainly as legislative scientific, modernize the problem taking our country of《Interim Regulations on the administrative regulations to establish procedures》with ex- Romania of《Normative formulation of the draft document and legislative systematic technology total methods》and the United States unifies the state code of laws committee《Unity and standards Bill drafting rules》as an example. Taking a panoramic view of the constitutional government fulfillment of the international community, central with demarcation of the lawmaking legal power in the place, mostly can be divided into three types as follows: the first is the one-class lawmaking system. Then legislative power belongs to the central power, the local does not possess the legislative power. The second is two-class lawmaking system in which legislative power is exercised by the central and local powers. The third is one body and two-class lawmaking system in which the legislative power mainly is controlled under the central power, and give the local power mast a certain legislation power on the condition of guaranteeing the national law conformity. In the aspect of revising describe it from strengthening the law's revising and perfecting the abolishing law.The third part is about the local legislative quality protection system. Analyzing it from the problems existed in the local legislative quality guarantee system, as well as the reasons for the existing problems. Local legislative quality guarantee system of the main distribution is not .There are unreasonable rights and obligations, legislation contents deviating from the local practice, conflicts existed between the central and local legislative, legislative language not standalized in the local legislation protection system. The reasons for the problems are the unclear legislative authority, legislation technologically backward, not getting rid of the outdated laws and regulations documents timely. Relevant departments should attach importance to such problems and resolve the problems in time. The fourth part is about the concept of establishing and completing the local legislation quality assurance. Regulating laws and rules is a complex social construction system. It is necessarily to establish the local legislation quality assurance for ensuring the quality of local legislation. The first one is to strengthen construction of legislative departments. The three issues are urgent to solve, that is , completing the legislative bodies, improving the system of legislative bodies, and improving the quality of legislators. Only in this way can the local legislative functions and powers be carried out effectively for assuring the high quality of regulations. And it depends on the strong leadership of the administrative bodies, complete working system and the display of clerks' enthusiasm and initiative. The second is the regulation of legislative forecast. We should increase the awareness to obtain well legislative forecast as follows: keep accordance with the country's and local reform and development planning; keep coordinating with the overall deployment of the national legislation; keep the local legislation adhering with the regulating of natal legislation and regulations; keep solving the problems in practice and pat attention to the scientific role of legislation. How the legislative forecast is implemented keeps a direct proportion to the legislative quality. If it is regulated and implemented smoothly the overall legislative structure will be rational, legislative scale is proper and there will be a solid base for the legislative quality. Vice versa. Therefore, it can assure the sound improvement of legislative quality to pay attention to regulating and implementing legislative forecast, keep the same with the local practice and law of development, match the legal theory and cater the public sentiment. The third is the institutionalization of the legislative hearings. As a procedural legal system the legislative hearings is a kind of system with practical and operational characteristic and have its own particular content and values. According to the practical situations of legislative hearings the rules of legislative hearings should be completed as follows: the scope of legislative hearings, proposing bodies, the best time for it, the legal status of report of the legislative hearings and the notice procedure. The fourth is about the legalization of the legislative authority. Make good use of the local and central legislative power relations. Classify the division between local regulations and administrative regulations. Put forward the specific authority of local legislative power from the practical aspect to conform and handle effectively. The fifth is about the demoqatization of legislative procedure. This part will describe it from the aspect of legislative procedure of the preparatory stage, procedure of formally regulating the rules and the mechanism of legislative supervision. The sixth is about the systematic of legal documents. The responsibility setting problems of legal documents is a core issue of legislative quality. It is another important issue paid attention to how to use the legislative language and express the regulations and law articles appropriately and correctly. The seventh is about the regular follow-up research on the implementation of laws and regulations. It is beneficial to improve effectiveness of laws and regulations and to maintain the harmony of laws and regulations to implement this measure. We can keep the unity and harmony of the national ruling system and lessen the inner contradiction of the laws and regulations and increase the quality of local legislation by the means of knowing about the results and problems of laws and regulations' implementing and analyzing the legality, operatinality of the laws and regulations themselves.
Keywords/Search Tags:Legislation
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