| Since the 18th National Congress of the Communist Party of China,the relevant documents of the Party have repeatedly stressed the need to explore the laws to promote citizens’ civilized behavior.In the practice of local legislation,since 2016,various provinces and cities have successively introduced legislation to promote civilized behavior.Uncivilized behavior is no longer an act that can only be condemned morally.At present,it has risen to compulsory norms or prohibitive norms regulated by legislation.The reason is that uncivilized behavior has seriously hindered the order,development and progress of society.The uncivilized behavior is regulated by legislation,which makes the concept of civilization internalized in the heart and externalized in the line,further enhances the moral quality of citizens,and thus promotes the construction of urban civilization.Legal liability is the legal negative consequence of the legal subject’s violation of legal obligations.The quality and implementation effect of a law largely depend on the scientific and reasonable setting of legal liability.Therefore,it is necessary to study the setting of legal liability in the establishment of local civilized behavior.However,in the current legislation,the setting mode of legal liability clauses is rigid,the incentive clauses and liability clauses are uncoordinated,the government’s "promotion measures" are not accountable,the lack of universality of social services and the imperfection of relevant supporting measures all affect the implementation effect of civilized behavior legislation,which makes local civilized legislation lack operability in practice.The purpose of this paper is to discuss the above problems and put forward my own suggestions for the above problems.This paper is divided into three parts altogether.The introduction part discusses the research background of local civilized behavior legislation and the domestic research status of legal liability setting of local civilized behavior.At present,there are few related literatures on legal liability setting of local civilized behavior legislation,and generally more researches on moral legislation,legal liability setting of local legislation or a certain civilized behavior promotion regulation.Therefore,this part provides theoretical support for legal liability setting of local civilized behavior legislation.The first chapter takes 78 civilized behavior promotion regulations as samples,firstly summarizes the uncivilized behavior regulated by law and summarizes its characteristics;secondly,analyzes and studies the setting mode,types and distribution of legal responsibility,and summarizes the characteristics of local civilized behavior legislation in the setting part of legal responsibility;finally,at the macro level,compares local civilized behavior legislation with management legislation,other promotion legislation and local civilized behavior legislation without legal responsibility.The second chapter analyzes on the basis of the first chapter,and concludes that there are some problems in the legal liability setting part of local civilized behavior legislation,such as rigid setting mode of legal liability clauses,uncoordinated incentive clauses and liability clauses,low universality of social services,imperfect related supporting measures,and unfulfilled government’s "promotion measures".The third chapter is aimed at the problems summarized in the second chapter,combined with relevant literature,put forward their own suggestions for improvement. |
