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Analysis of the Legislative Boundaris of Local Laws and Regulation from the Perspective of Legal Inquiry Reply

Author: FengXiaoJing
Tutor: GuoYanJun
School: Shanghai Jiaotong University
Course: Constitutional and Administrative Law
Keywords: Local laws and regulations Legislative boundaries Legal inquiry reply Legal interpretation
CLC: D920.0
Type: Master's thesis
Year: 2011
Downloads: 14
Quote: 0
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Abstract


Legal inquiry reply make the local legislation limits clear to a certain extent. In particularly, It clarifies matters which the local legislation can provide or not. Local legislation can formulate local regulations about matters with the working procedures of the local legislation, administrative licensing and administrative and etc, in compliance with the two principles of "Law priority" and "legal reserves". And matters which can not be legislated are mainly affected by the "exclusive legislative authority" and " the upper law" restrictions.However, due to the controversial effect of Legal inquiry reply itself , Legal inquiry reply can’t alone and completely solve the problem about the local legislation limits. Therefore, legal inquiry reply is limited in specific local regulations legislation limits. There are the limitations that it is unable to solve the ambiguous boundary problem of local regulations legislative power on the normative level, that it also cannot be applied to all problems on the ambiguous boundary of legislative authority about the local regulations. In order to further clarify the local legislation limits, it is necessary to choose a new path, which is to make the local Legislative authority clear through the interpretation of the law of local legislation jurisdiction from the National People’s Congress Standing Committee .

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