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The Expansion Of Local Legislative Power In The Process Of Regional Rule Of Law

Posted on:2018-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ShiFull Text:PDF
GTID:2356330518492179Subject:Legal theory
Abstract/Summary:
Regional economic differences, the social differences between urban and rural areas, regional cultural differences led to the regional dilemmas of the national legal construction. The rise of the regional rule of law has strong problem point and the value of the times. It is conducive to coping with the needs of the social transformation,promoting the implementation of the national law and exploring a path of the rule of law with Chinese characteristics.There is essential connection between local legislative power and the theory of regional rule of law development. From the view of philosophical foundation, both of them contain the methodology of diversity in unity and individualization. From the perspective of their background, they all aim at realizing the modernization of the national management system and management ability. From the aspect of internal mechanism,both aim at "giving priority to do and having a try" to "crossing the river by touching the stone". The expansion of the local legislative subjects tamps the regional legal foundation as well as increase the risk of regional implementation under the rule of law, which gives rise to the need to exert corresponding constraints under the rule of law.After the expansion of the subject of local legislative power,the reconstuction the behavior principles of regional rule of law,and the enhancement the effect of regional implementation of the law meet the needs to develop the regional rule of law through.However,it would bring challenges to develop the regional rule of law in the meanwhile.The limitations of local legislation could not break the barrier incurred from our country’s administrative system,and the substantial expansion of the subject of local legislative power increases the possibility of the conflict between regional laws.The regional stake holders might institutionalize their interests by executing the legislative power. Therefore, measures or systems shall be formulated to prevent the negative effect brought by the expansion described above.The new demands of regional governance requires the cooperation of local legislative subjects, thus legislation of regional cooperation becomes necessary,and the expansion of the local legislative subjects provides the system basis for regional cooperation legislation ,and it is helpful to the construction of regional cooperation legislation with wide-raging and multi-levels.The authorization of local legislative power restricts the fields of regional cooperation legislation.In the future, under the circumstance of the expansion of the scope of the subject of local legislative power shall implement the positive interaction with regional cooperation legislation and increase the aggregate level of regional rule of law.
Keywords/Search Tags:The rise of the regional rule, the expansion of the scope of subjects of local legislative power, cooperation of the local legislative subjects
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