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Analysis on Expanding Trend of Local Legislation

Author: SunBo
Tutor: CuiZhuoLan
School: Jilin University
Course: Constitutional and Administrative Law
Keywords: Local legislative authority Expansion trend Labour and Social Security Xing means Development and expansion Central legislative The field of civil Adjustment range Private Governance Positive freedom
CLC: D920.0
Type: Master's thesis
Year: 2004
Downloads: 251
Quote: 3
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Abstract


Local legislation plays an important part in the system of legislation in China, which results from the facts that China has a large territory and population. Moreover, there is a trend that local legislation keeps expanding. Otherwise, many people have a negative attitude to local legislation. They view that local legislation must be disposed or at least restricted because local legislation invades the authority of central legislation. This kind of view leads to instability of local legislation and does harm to the development of local legislation. It is very necessary to change those improper views on local legislation and justify the expansion and development of local legislation. So it is meaningful to study the expansion of local legislation. The thesis is divided into four parts altogether. The first part descries the presentations of the expansion of local legislation. It is shown as two aspects: first, by comparing the amounts of the central legislation and local legislation, it is found that local legislative authority has been expanding gradually. The national legislation experienced three stages, in which the subject of local legislative authority has been increasing gradually. As can be seen that the amount of local legislation keeps rising in recent years by comparing the amount of central legislation and local legislation after the local legislative authority was resumed in 1979. Second, seen from the range governed by local legislation, more and more affairs are regulated by local legislation. The expansion on the scope includes two aspects: first, local legislation concerning the social affairs such as protection of environment and ecology, exploration and effective utilizing of natal resources, labor and social security is increasing. Second, local government regulations bring directly or indirectly more and more civil relations into its adjustment.The second part analyses the causal factors of local legislation expansion. First, by cutting into the social problems arising from the free market economy in the scope of the world, and the government’s entering into to private territory, it expounds that the local legislation’s adjustment in social affairs such as protection of environment, effective utilizing of natural resources and labor and social security, is expanding at the same time. Second, the local legislation with the distinctive characteristics is more suitable for the actual conditions because such factors as distinction, complexity and specialty of local affairs dispel the uniform adjustment by central legislation. Therefore, local legislation keeps on expanding due to the existing and expanding of the local difference. At last, with the transform of administration from negative role as a guardian to positive role as a provider of welfare and the adjustment of the functions of government, welfare administration develops into a new field, where the local legislation is in great need. So, the local legislation keeps on expanding.The third part discusses the theoretical base of local legislation expansion. First, based on Berlin’s theory of liberty, it puts the emphasis on the analysis of the impact which negative and positive freedom bring to the construction of local legislation in China. Then, forms a conclusion that the expansion of local legislation roots in the facts that negative freedom deserts and resists to the improper administration of government and the positive freedom require the service, help and security from the government. Second, according to the self-autonomy principle and absolute reason of human being, the bounds between civil area and administrative area must be defined to confine the expansion of the local legislation to a reasonable extend. But the reason is relative and the capability of self-autonomy is restricted by many factors. Therefore, the expansion of the administrative authority to civil area has the necessity and justification to some extent. And expansion of local legislation has the realistic foundation. Second, in the year of 2003, the spre

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