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China National Legislation System

Author: PengQian
Tutor: XuZhongQi
School: Central University for Nationalities
Course: National Law
Keywords: China legislation of ethnic group legislative system of ethnic group
CLC: D920.0
Type: PhD thesis
Year: 2007
Downloads: 534
Quote: 6
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Abstract


Rule of law and to construct socialism state ruled by law means improving national legal system for us such a unified state of various ethnic group; while improving national legal system and strengthening national legislation comes first. Legislation of ethnic group is one of the significant respects in the law-making for a state. Legislative system of ethnic group is the general name of all kinds of regulations that the Legislation of ethnic group must obey and it is an important part of the legislative system for a state. Nowadays Legislation of ethnic group is strikingly different from that in the past. Its role playing in legal construction and operation has been gradually apparent.Guided by Marxism and by means of historical and comparative analysis, integral and systematic study and synthetic study of various subjects, this dissertation discusses Chinese legislative system of ethnic group and some relative theories, analyzes some problems in it and put forward author’s opinions on it.This dissertation consists of eight chapters:Chapter One: It mainly elaborates Chinese legislation of ethnic group and its guiding thoughts and basic principles, Chinese legislative system of ethnic group and its status and role and briefly introduces New China’s legal system of ethnic group so as to lay foundation forlegislative systems of ethnic group in the parts below.Chapter Two: It mainly introduces Chinese legislation general situation of ethnic group in ancient times and modern times. Through the integral study, the author summarizes the features of the origins and development of the legislative system of ethnic group and its general law in Chinese history.Chapter Three: It mainly discusses the system of Chinese legislative bodies of ethnic group, including the concept, features and status of the legislative bodies of ethnic group, its developing process and system of constitution, its categories, nature, composition, status, and so forth. Besides, as for the shortness of our legislation of ethnic group, it raises some specific suggestions about it.Chapter Four: It mainly discusses Chinese legislative power of ethnic group, including its concept, several patterns of its compartmentalization, the attribution and spectrum of legislative power, the legislative power of ethnic group of the central state organs and local ones and some relative issues on how to better our legislative power of ethnic group. It points out what kind of legislative system to establish, which legal system to construct and all significant measures adopted in the respect of legislation should be based on the scientific strategy.Chapter Five: It mainly discusses Chinese legislative procedural system of ethnic group. It elaborates the general legislative procedure ofethnic group and the special one, particularly analyzes the legislative procedure of ethnic group in self-autonomous regions and other local areas and points out the main problems in local legislative procedure and constructively suggests the measures refer to these problems.Chapter Six: It mainly discusses the legislative technique system of ethnic group. It interprets the legislative technique and the legislative technique of ethnic group. Through the study and analysis, it points out that we lack for legislative technique of ethnic group. The legislative technique of ethnic group is a comprehensive concept of the rationalization of legislative science of ethnic group and it is an integrally important part in legislative system of ethnic group. It requires scientific rationalization of the content of the legal files, the design for the legal norms and the professionalism of the legislative staff. It also raises the approach to solve the legislative technical problems of ethnic group.Chapter Seven: It mainly discusses Chinese legislative supervisory system of ethnic group. It thoroughly analyzes the legislative supervisory system and the one of ethnic group and emphatically elaborates the features and content of Chinese current legislative supervisory system, its main problems, the significance of improving legislative system and some thoughts about it.Chapter Eight: Based on the general study, in this part the author suggests some steps in perfecting further to the legislation system ofethnic group.To sum up, through establishing the legislation framework of ethnic group above, the author hopes to deepen people’s recognition and understanding of legislation and its system of ethnic group, to propel and improve Chinese legislation of ethnic group and even to explore its usefulness in the legal construction and operation so as to theoretically support the legislation of ethnic group in the setting of modernization and globalization and furthermore to regularize the social behavior and construct the harmonious society.

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