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Research On The Clean-up System Of Local Laws In China

Posted on:2020-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z B ZhouFull Text:PDF
GTID:2416330596480482Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In recent years,in the process of building a socialist country ruled by law,local legislatures will carry out local clean-up activities based on changes in the upper-level law or reforms in relevant national areas,and local clean-ups will lead to “high-volume” locality.Regulations are amended and abolished.However,it is worth mentioning that the Legislation Law does not contain any provisions for the clean-up of laws and regulations,and it is not clear that the clean-up of laws and regulations is a trigger for the revision and abolition of laws and regulations.Under such circumstances,if the local regulations are not included in the institutionalization considerations,along with the revision and abolition of a large number of local regulations,it will inevitably have an impact on the socialist legal system.The research in this paper is carried out from the perspective of this issue.In the nature of the clean-up of local laws and regulations,through the consideration of the results elements,procedural elements and elements of the rule of law,it is found that the cleanup of local laws and regulations is essentially a local legislative system,and the abolition of the law,the post-legislation evaluation,There are significant differences between law enforcement inspections and constitutional examinations.In the functional orientation of the clean-up of local regulations,local regulations have formed a positive interaction with the local legislative system,the legislative supervision system,the local governance system and the unified system of the rule of law,and become an increasingly important local legislative system in the post-legislative era.At the same time,on the boundary of the system of local regulations,it is necessary to follow the limitations of the subject,content,procedures and results in order to promote the function of the local lawenforcement system to comply with the value norms of the legislative law.order.In order to have a full understanding of the current situation of China's local regulations clean-up system,this paper examines the two levels of norms and practices,and in accordance with the operational phase of the local regulations clean-up system,it draws its start-up phase,combing phase,and deliberation.The status quo of the four stages of the stage and the processing stage,and summed up the characteristics of the cleaning based on the "unbalance",high cleaning efficiency and diversified operation modes.At the same time,in the process of examining the status quo of the local regulations clean-up system,it is found that the local regulations clean-up system still has some shortcomings at various stages,namely,lack of normalized start-up mode,clear clean-up standards,sound review mechanism and perfect Dealing with the system,and the existence of these problems undoubtedly buried hidden dangers for the rule of law operation of the local law clean-up system.The local law clean-up system is an important issue in the post-legislative era,so it is crucial to make targeted improvements to its existing shortcomings.First of all,improve the start-up mode of the local regulations clean-up system,and promote the regularization and democratization of local regulations.Secondly,clarify the standard of the local law cleaning system,improve the operability of the cleaning standards and the orientation of the results.Thirdly,improve the review mechanism of the local regulations clean-up system,and build a strict clean-up supervision and responsibility system on the basis of optimizing the review procedures.Finally,optimize the processing system of the local regulations clearance system,improve the connection path of the regulations to clean up and modify the abolition procedures,and strengthen the benign interaction between the regulations and the compilation of the law,post-legislative evaluation,law enforcement inspection and regional synergy legislation.
Keywords/Search Tags:Clean-up System of Local Laws, Legislative system, Clean-up standards, Processing system
PDF Full Text Request
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