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Effectiveness Of Law "in Yunnan Xingyun Protection Ordinance.

Posted on:2014-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:X B FanFull Text:PDF
GTID:2261330401473386Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The Xingyun Lake Protection Ordinance of Yunnan Province (abbreviated"Regulation")was implemented since2008,there are few reports on its legal efficacy and research.In this paper,to the theory of Normative gaps, argumentative, practical and domain to examine the "Regulations" the strength of the legal effects of which, the argumentation of the content of the logical derivation of the "Regulations" language, a reflection of the value andthe achievement of the legislative purpose; practical aspects of the content of the effect of behavioral guidelines, compliance with the effects as well as the public acceptance; areas of the content of the Ordinance and the public conception of justice as well as the environment of the local people moral consciousness. By the provisions of analysis and field survey, this paper considers the "Regulations" failure to some extent. On this basis, this paper proposes to enhance the "Regulations" legal effectiveness of coping strategies, also proposed that in addition to the constraints positive coping strategies should be allowed to regulate the gap existing negative coping strategies.The paper is divided into five parts:The first part is an overview of Xingyun Lake, the legislative background of the "Regulations" and "Regulations" content, brief description and analysis; The second part is the theoretical basis of this article, including the legal effectiveness of the basic concepts discussed as well as the theoretical choice, and is determined on the basis of the evaluation of legal effectiveness; the third part is the "Regulations" provisions and by field survey description and analysis of the effectiveness of the "Regulations"; the fourth part is extracted on the basis of the third part of the constraints on the effectiveness of legal norms generally encountered; last part to enhance Xingyun Lake protection Ordinance "legal effectiveness of coping strategies.
Keywords/Search Tags:The Xingyun Lake Protection Protection of Yunnan ProvinceLegal Efficacy, Normative gaps
PDF Full Text Request
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