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On The Perfection Of The Suggested System Of Citizens' Regulations

Posted on:2017-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:M H FanFull Text:PDF
GTID:2206330485967595Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the awareness of citizens of the 21st century, the rule of law awakening, especially in socialist democracy and socialist rule of law to flourish in today’s China, China’s legal community and the whole society to focus a common problem, that is, citizens’rights.Laws and other normative documents all the time does not affect all aspects of our lives, but it is such provisions are often thousands of all kinds of conflicts, and these conflicts difficult to completely avoid the roots. This is precisely the time we need to implement a system to deal with the above-mentioned conflict, but is regrettable that this system-the establishment and development of civil regulatory review of the proposed system, it does not get the attention it deserves and further implementation and specific application. From the practice of law is more developed in other countries of the world, the citizens of regulatory review of the proposed system has clearly become one of the important ways to solve the conflict of laws and regulations, but also by many countries the judiciary and the practice of community concern and attention. Some people say that this is an important way to achieve respect for human rights and the democratic rule of law indispensable.In practice, we will find a lot of citizens huge impact government regulatory documents, these documents lacking influence over the law, but they either lack establish procedures or review process is flawed, it is now an urgent problem how to better play the right of citizens to review the recommendations and regulations. This formulation can be protected if implemented, it will further improve China’s legal system has outstanding significance, but also will help to further promote China’s rule of law, administrative level.This paper will review the regulations on the basis of academic research suggests that citizens of the constitutional system of the administrative law, and the integrated use of comparative analysis, reading literature, case studies, etc., to the development of our citizens regulatory review of the proposed system as a landing point, analysis of our citizens regulatory review of the proposed state. The first chapter, the paper reviews the relevant provisions of the proposed regulations and the need for citizens rights. Then, the architecture and the way citizens regulatory review of the proposed system is analyzed. Again, the reason for the problem and its citizens face a regulatory review of the proposed system were analyzed one by one. Finally, a review of legislation promoting citizen recommendations to further improve the system proposes Several suggestions.Through extensive research analysis, we believe that in order to truly let the legal effect of regulatory review of the proposed system citizens can be achieved, in order for China to play a constructive role in the process of the rule of law, to further improve its institutional framework can start from the following aspects: first, expand citizens’review of legislation recommended range; the second is to establish a mechanism to reply; the third is to be developed for the right to appeal; the fourth is the establishment of a special committee; the fifth is to develop its claims; clear laws and regulations review is sixth responsibility.The main innovation of this paper:From a practical point of view, regulatory review of the record and the future is now one of the priorities of the State Council, which is no doubt the practice of community or theorists are forward-looking significance. Currently the community citizen participation in the legislative have reached a certain degree of consensus, although the channels of citizen participation is still very limited, nor the extent of the deep, but in fact we Supervision of law to citizens rather lacking, especially in the current legislation on Chinese rough, that is a need for extensive oversight of all citizens. Otherwise, in reality, a considerable number of laws did not actually get to perform more effectively unable to play its real role. Over time, the situation will get worse, and may even be an obstacle to the process of democratic rule of law. The paper systematically discusses how to implement the right to review the recommendations of citizens, and to improve the systematic approach proposed. In order to make this long plagued the problem can get enough attention to the community, so that more citizens to participate in discussions to form a hot topic, prompting amend the relevant laws.
Keywords/Search Tags:Citizen Participation, Legislation Law, Regulatory review, Right to make recommendations
PDF Full Text Request
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