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On the Local Legislation in the Interests of Game

Author: YinJun
Tutor: SunDaXiong
School: Central China Normal University
Course: Legal
Keywords: Local legislation Public authority Private power Interests of game Balance
CLC: D920.0
Type: Master's thesis
Year: 2012
Downloads: 103
Quote: 0
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As the market economy development, the diversity of interests in the development process of the market economy can be released to cultivate the interests of diversification, and promote the formation of social stratification and the diversified structure of interest; At the same time, the process of social progress in the development of political civilization, it also brings the rule of law and democratization of the society. Both background of economic diversification and social development of democracy and the rule of law, of the social interests of the game mechanism has also undergone a great change. In the era of planned economy and the reform and opening up, relying on the social development of policy guidance through policy game to the social distribution of benefits has been unable to meet the needs of social development in the new historical context of the new legal relationship-based, through legal aspects of the game to maintain the pattern of interests came into being. Changes in the way of this game, whether at the local legislative level or at the national legislative level, very well reflected in this paper, is to analyze the local legislation in the interests of the game. This paper discusses mainly divided into the following three parts:The first part is mainly to ask questions and to define some concepts closely related to the local legislative interests of the game. Obtained by analysis of the social game to change the way the inevitability of the legislative interests of the game in the process of social development in China; the interests of law and interests of the game defined by combing the interests of law school point of view, to draw interest relationship with the law is to determine the reaction; the interests of the game certainly has further pointed out the importance of the interests of the game for the social development of the rule of law; Finally, the connotation and characteristics of the local legislation for further refinement.The second part is mainly the analysis of the types, causes and issues of local legislation in the interests of the game. Correspondence between the interests and power (Lee)-based derivation of a specific type of the interests of the game, and is divided into the public power and private rights, public power and public power and private rights and private right between the three interests of the game types. Followed by the causes for the interests of the game from both subjective and objective analysis, that the diversified market economy and liberal legal environment for objective reasons, and the legal protection of interests of various stakeholders in awareness of its subjective reasons. Finally, the problems of local legislation in the interests of the game, mainly from the public participation to discuss the system and the three angles of the imbalance between the interests discusses.The third section presents the principles and practices of the interests of balancing local legislation. Will inevitably involve a balance of interests to the interests of trade-offs, it draws on the principle of "interest measure" in the civil law, stakeholders in the process of balance of interests to follow the principle of equality, the interests of itself, the principle of rationality, balance of interests scientific principles. Finally, problems in the interests of the game process, a corresponding improvement measures.A comprehensive view, the emergence and development of the local legislation in the interests of the game is not accidental, and its inevitable social and historical factors. From the game itself, the qualitative point of view, the legislation in the interests of the game to promote public participation in the social distribution input from the source of democracy and justice, the normalization and standardization of this game, no doubt will greatly contribute to China’s rule of law and democratization of progress. However, at the same time, we also need to face up to the local legislation in the interests of the game mechanism defects, continuous defects to improve, the only way a fair and rational pattern of distribution of benefits to be under the guidance of the interests of the game mechanism.

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