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The filing Studies of State Council regulations

Author: ZhangZiGuo
Tutor: LiuZuo
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: State council Regulation Put on record Examine
CLC: D920.0
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
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Abstract


Chairman Wu Bangguo of the NPC Standing Committee work report in March 2011, solemnly announced that the legal system of socialism with Chinese characteristics has been formed, the 15th CPC National Congress proposed legislative objectives of the legal system of socialism with Chinese characteristics by 2010 as scheduled achieve. This is a major event in the process of China's democracy and legal system, an important milestone in the history of China's legislative erected into a new stage, China marked the full implementation of the law as a fundamental principle. However, in the current transition period, administrative organs of the next bit of legal norms (mainly refers to research regulations) with the upper legal norms (administrative regulations or legal) conflict situation; Once this happens, judicial organs, administrative organs, and individual citizens in the legal order in the disorder as he became embarrassed. For this response, the author is that the one hand, depends on the conflict with the legal norms applicable provisions of the Legislation Law;, but on the other hand, from the source to investigate the causes of the conflict, not due to change of circumstances need to modify the upper law the case, to eliminate or reduce illegal conflict phenomenon under law to complete regulatory filing system is an inevitable choice. This is our country over the years, the construction of the legal system of our legal people need. The selected angle in this article in the supervision of the executive and the legislature to solve the problems exist in the actual the selected regulations filing system, limited a little complete filing system the State Council and the filing office. General sense, in the Legislative learn, the State Council regulations filing system from three aspects. What regulations filing system; complete extent of the filing system of the current regulations of the State Council, the study of the current system and its implementation; should be how the integrity of the State Council regulations filing system. In the path of this research, the first case to export to the study of the proposition. Next Chapter in first in the field of view of the public law or administrative law concepts and features of the filing system of the State Council regulations do an overall analysis, constructed the theoretical framework of the thesis, and as a basis for the discussion below. Chapter II that is concerned about the current situation of our country, a more comprehensive study from an empirical point of view; Chapter learn from the experience of other countries to expand the perspective of the essence reject the dross, thought I was using. Under the premise of the completion of the work of the above information, the Chapter presented their own view of the problem, try to write their own innovation, to make Spark contribution aims for the development of China's State Council regulations filing system.

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CLC: > Political, legal > Legal > Chinese law > Theory
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