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Research On The Characteristics Of Newchina’s Authorization Legislation

Posted on:2021-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:F DuFull Text:PDF
GTID:2506306107980689Subject:Law
Abstract/Summary:
Authorization legislation originated in the United Kingdom.Since the first introduction of the authorization legislation system in 1955 after the establishment of New China,the authorization legislation of New China has experienced more than sixty years of historical practice,forming a fairly complete authorization legislation system Deeply rooted in this unique cultural tradition of China,it is of great significance for the study of the characteristics of authorized legislation practice in New China.The practice of authorized legislation in New China is directly linked to the rule of law of the great powers.my country ’s vast geographical characteristics and the social status of its large population directly determine the inability to fully transplant the legal systems of other countries.The Chinese legal system needs to be developed and re-innovated based on its own status quo and cultural characteristics on the basis of drawing on and absorbing the mature western legal system.The practice of new China ’ s authorized legislation is directly related to the“ micro-core ” legislative system.The "macro-core" legislative system and the "micro-core" legislative system are a categorization summarized in the legislative practice of various countries,and are of great significance to the investigation of the new China’s authorized legislation that is different from Western characteristics.The article is divided into three parts.First of all,there is no legal concept of authorization legislation in the traditional Chinese legal system.It is necessary to define the concept of authorization legislation and to compare the linguistic differences of legal concepts.Second,from the two main lines of history and logic,use database search,Analysis and comparative research and other empirical research methods,in-depth analysis of the practice of new China ’s authorization legislation from the horizontal and vertical dimensions;finally,through an analysis of the practice of new China ’s authorization legislation in the past few decades,it is summarized from the dynamic and static perspectives The characteristics of new China’s authorization legislation.From a dynamic point of view: First,the legislative thinking of New China reflects the trend of transition from exclusive legislation to functional legislation;second,the special authorization legislation reflects the evolution from institutional construction authorization "legislation" to authorization "abolition" Trend;Third,the continuous devolution of legislative power is also a process of empowering the legislative body and the continuous expansion of power.From a static point of view: First,the scope of new China’s authorization legislation is wider;Second,the authorization legislation has to some extent become a trial law for the legislation of functional organs.
Keywords/Search Tags:Authorized Legislation, New China, legislative features, legislative practice
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