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Study On The Power Of The Provincial People’s Congress Standing Committee To Determine Municipalities’ Legislation

Posted on:2017-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:X W LiFull Text:PDF
GTID:2506304829465144Subject:Constitutional and Administrative Law
Abstract/Summary:
In March 15,2015 the three session of the twelve National People’s Congress adopted the decision on Amending the legislation law of the People’s Republic of China,which is the first revision since the legislative law was enacted in 2000.Modify the legislation law of the biggest bright spot is undoubtedly generally entrust District of the city,the local legislative power,which makes the enjoy the local legislative subject of rights again expansion.To give the local legislative power of the district is a major adjustment of the legislative system of our country,which is conducive to give full play to the positive role of local economic construction,but also conducive to strengthening local autonomy,local government to meet local management needs.However,given the city’s legislative power will also exacerbate the inherent difficulties of local legislation,the quality of legislation is more difficult to protect,the cost of maintaining the unity of the legal system will be multiplied,the legislative disorder,legislative chaos phenomenon more frequent.In view of this,the legislative law in the district to grant the city’s local legislative power at the same time,also set up a "gate"-the specific steps and time to develop local regulations,provincial,autonomous regional people’s Congress Standing Committee to consider the province,autonomous regions and municipalities of the population,geographical area,economic and social development and legislative needs,legislative capacity and other factors identified,and reported to the Standing Committee of the National People’s Congress and the state council.Thus,the provincial people’s Congress Standing Committee to obtain a set of districts of the city began to develop local regulations and time to determine the right to determine the right.This article mainly from the perspective of power of the provincial people’s Congress Standing Committee decided to set up the city to start the legislative conduct of research.This paper is divided into four parts.The first chapter is to introduce legislative amendments to the city will produce a series of problems,as well as the right to respond to the problem.The second chapter examines the right to determine the right to ensure orderly start legislation,safeguard the legal unity,the right to determine the right to exercise the authority in the exercise process should adhere to the rule of law,democracy and fairness.Five factors to be quantified,standardized,and the development of the corresponding process Order.The fourth chapter analyses to determine the right to supervise the necessity and feasibility,and puts forward the important innovation of this paper--will be "suspended" into the right to determine the content,in order to strengthen the value function is determined.
Keywords/Search Tags:the right of determination, local legislation, the city of districts
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