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The Municipal People’s Congress Divided Into Districts Entrusts A Third Party To Study The Legislation

Posted on:2021-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZhangFull Text:PDF
GTID:2506306245952319Subject:legal
Abstract/Summary:PDF Full Text Request
The third party entrustment legislation has been explored and attempted in practice,and this mode has achieved great effect compared with the traditional NPC legislation.The legislation law of the People’s Republic of China,revised and promulgated in 2015,officially incorporated the entrustment of third parties to draft local regulations into the national law,and projects of entrustment of third parties have sprung up all over the country.By collecting and sorting out the local legislative regulations of cities divided into districts,233 local legislative regulations entrusted by people’s congresses of cities divided into districts were screened out,and the texts were classified and analyzed by factors and types."Good law is the premise of good",the author believes that the importance of entrusting third-party legislation has become the consensus of the academic community,but there are still many problems in the local legislative norms,so that this system has not been well implemented in practice,it is a realistic need to effectively regulate it from the legislative level.The confusion,lack and vagueness of local regulations have become the negative factors hindering the system from playing a positive role.The first part of this paper mainly analyzes the text content of entrustment legislation.The first is the subject of entrustment.The main analysis specifies which subject has the right to entrustment legislation.The other is the entrusted subject,which has the right to accept the commission.The third is the entrusted content,that is,what legislative matters can become the entrusted content.Fourth,the way of delegation,that is,how to conduct the delegation carding.The second part of this paper mainly based on the analysis of the first part of the situation and data,analysis and summary of the third party entrusted legislation in the existing regulatory text of some problems.From the four aspects corresponding to the above part,the following conclusions are drawn: the entrusted subject is not unified,the entrusted subject is not clear,the entrusted content is not sound,the entrusted way is not sound,andthen the four issues are discussed in detail according to different angles and arguments.Based on the text analysis and existing problems,and combined with relevant experience in practice,the third part puts forward corresponding Suggestions for the improvement of the entrusted third party legislation.That is,establish the entrusted subject with the local people’s congress as the core,specify the entrusted subject with the typical subject of "relevant experts,teaching and scientific research institutions and social organizations" as the main body and the special subject as the auxiliary body,improve the rigorous entrusted content and increase the effective entrusted way.In a word,this paper studies and builds the system of entrustment third-party legislation from the perspective of local legislation.Through text analysis,the author summarizes the problems and puts forward corresponding countermeasures,hoping that the writing of this paper can provide some references for local legislation practice and entrustment third-party legislation practice.
Keywords/Search Tags:A municipal people’s congress divided into districts, local laws and regulations, entrustment legislation
PDF Full Text Request
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