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Research On The Legislative Authorization System Of Suspended Law Application

Posted on:2022-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2506306779477554Subject:Administrative Law and Local Legal System
Abstract/Summary:PDF Full Text Request
Article 13 of the "Legislation Law" is based on the legislative authorization model based on the suspension of the application of the law,and gives the Standing Committee of the National People’s Congress the power to suspend or temporarily adjust the application of the law.Restrictions have been made in many aspects such as matters,and certain restrictions on the adjustment content can better promote the relationship between the rule of law and reform to achieve a balanced and harmonious state,and bridge the gap between reform and the rule of law.This article mainly from the system development and concept determination,the status quo implementation to the problem analysis and problem solving as the text of the full text.First of all,in the overview of Chapter 1,the academic community conducts research on this legislative authorization system,mostly from the perspective of legislative theory,discusses the legal nature of the legislative authorization system that suspends and temporarily adjusts the application of law,and analyzes different theories.The specific path of system operation,from the significance of promoting reform through the rule of law,analyzes the value of the legislative authorization mode of suspending the application of law.In the second chapter,the analysis of the current situation starts from three aspects:analyzing the general situation of the implementation,examining the implementation process and discussing the implementation effect.As a new type of legislative authorization system,it is widely used in many aspects such as administrative management system reform,administrative examination and approval system reform,judicial system reform,national defense and military reform,and national system reform.At the same time,in the specific implementation process,it is also found that there are some problems and some accompanying risks in the operation of this system.In the third chapter of the review of the authorization system and its implementation,problems such as unclear main body’s powers and powers,time and authorization matters breaking the scope of legal provisions,and lack of corresponding supporting measures and supervision mechanisms appeared in the practice process.The above problems restrict the development of the system,and also concern whether the relevant reform results can be promoted and implemented.In the exploration of the improvement path in the fourth chapter,through the analysis of the implementation of the existing legislative authorization system based on the suspension of law application,from strengthening the guidance of legislative principles,strengthening constitutional control,optimizing system construction,clarifying the scope of authorization and improving.To sum up,from four aspects: theoretical overview,current situation analysis,implementation review and exploration of the improvement path of the legislative authorization system for suspending the application of law as the logical context of the full text,in order to explore the current development status,implementation and achievements of this system,and put forward an outlook on how to develop better in the future.
Keywords/Search Tags:suspension of application of law, legislative authorization, institutional reform
PDF Full Text Request
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