Response the theoretical quality of legislative needs
December 22, 2021 09:17 Source: "China Social Sciences" December 22, 2021 Total 2314 Author: Chen Yushan

Many outstanding problems in the implementation of the current laws of our country,my country's "Legislative Law" is modified in a timely manner,Writing "Improve the Quality of Legislative" into the Terms of Legislative Tempical,This is an inevitable requirement for the modernization of my country's governance system and governance capabilities。The academic community should take the opportunity to respond to the proposition of legislative practice,The legislative theoretical system with knowledge teaching as the main function is promoted to a practical system that provides academic resources to improve legislation。

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my country's "Constitution" and "Legislative Law" clearly establish the "four basic principles" as the political principles of legislation。The most important political principle of adhering to legislation is the leadership of the Communist Party of China: on the one hand,Legislative agencies have negative obligations that are not resistant to political principles in the legislature; on the other hand,,The legislature organ in the legislative agency has a positive obligation to implement the legislative decision -making deployment established by the ruling party。The relationship between the ruling party and legislation is the key to understanding the political principles of legislation。The legislation of the ruling party according to constitutional leadership is reflected in: first,The ruling party should implement the principles of national respect and guarantee human rights。All issues involved in basic rights in legislation,The ruling party should attach great importance to,Keep the bottom line that cannot deny basic rights in a substantial bet365 live casino games sense。Next,The constitutional obligation of the ruling party has the principle of people's sovereignty。The ruling party should protect the National People's Congress and its Standing Committee in politics and law in terms of legislative work。Last,The constitutional obligations of the ruling party with the maintenance and realization of public interests。Under the guidance of the fundamental task of the ruling party,Public opinion in accordance with democratic procedures,Specific content to enrich the terms of public interest。The leadership of the ruling party is based on the review of political principles and the input of macro policies,More in line with the actual needs of the construction of the rule of law in my country。This not only strengthens the leadership of the ruling party on the global issue, and can also promote the constitutional status of the ruling party to maintain the constitutional status of the People's Congress,Give full play to its functions of drawing and integrating public opinion。

Any legislation must be based on the constitution,can ensure the unity of the order of national law。In our country,The legislature is a state agency responsible for directly implementing the constitution,Other national organs mainly implement the constitution through the implementation of laws。The implementation of the legislature to implement the basic rights specification、The three aspects of national institutions regulations and public interests are specified.。It not only has the responsibility of implementing the constitution through the legislation,At the same time, there is the constitution of responsibility to control legislation。

  Legislative procedure control: the integration of key institutions and opinions

Only the concept of the legislature in the real law,The concept of no legislators。The former emphasizes legislative authority,Have static characteristics; the latter focuses on legislative bet365 Play online games functions,Have dynamic features,It can effectively describe "Who is the legislator、What do they make and what legislation do they make "。In the composition of the legislators,Leading agency with legislation,There are also legislative leading agencies;,There are also legislative review agencies; existing legislative decision -making organs,There are also specific implementation agencies of legislative work。where,The most worthy of the study of the academic community is the three important institutions of the legislature,That is the chairman meeting、Constitution and Legal Committee and Legal Working Committee。These institutions are developing legislative plans and legislative plans,Determine the agenda、Lift、Drafting and reviewing law cases and other links play a leading role,They are key institutions to control the quality of legislative。

Objectively describing the legislative procedure system that can no longer meet the needs of legislative practice,A more insightful discussion should combine the legislative principles with specific procedure specifications,Highlight the value orientation of the program design function function,And this to review the problems existing in the operation of the program。This is conducive to obtaining information through the program、Integrated will,Objectives to improve the quality of legislative。Legislators when legislative,You need to obtain and integrate two types of information: one is the public opinion information that reflects the wishes of the people; the other is the factual information of the objective existence of things。The difference between the two information in nature,The difference between the procedures for obtaining these two information。Legislative procedures may have an important control effect on the law,Therefore, the inspection of the specific links must be implemented as follows: bet365 live casino games Why can the legislators only control the quality of legislative?

  Legislative content control: maturity of the law and its argument framework

In legislation,Acts proposed by the legislature,May not have the same ending。From the in -depth analysis of the "pre -initiative" review procedure of the National People's Congress and its Standing Committee,It can summarize the concept of the substantial content of "maturity of law cases".。It is based on the argumentation of the maturity of the law,The legislature only masters the method of reviewing the substantial content of the law case,and use this to determine whether the law case can enter the agenda of the conference and whether to become a law through voting。The necessity of judging the maturity of the law、The argument framework of the feasibility and legitimacy that constitutes the maturity of the law case。The necessity proof requires that the legislators should take advantage of the national policy。Feasibility proof requires that legislators must not only analyze the subjective causes of problems and propose legal measures to solve problems,Also evaluate the economic and social costs that may be generated by the formulation of laws -benefits。Legislation proof mainly examines whether the law case violates the constitution and the law case and the law that has taken effect、How is the coordination of regulations in horizontal and vertical。

Legislators often formulate or modify the law for the impact of the law。This requires legislators to analyze the problems of the legal implementation agency and propose corresponding legal measures。To explain the behavior of the legal implementation agency,It must be explained why the organizational behavior of interaction will have problems,Especially why the organization's decision -making will have problems,and the impact of the institutional structure of the organization on the organizational behavior。When the implementation Bet365 app download of law implementation of law is invalid,In the overall sense of the organization,That is the organization decision -making procedure、Organizational structure、Supervision and incentive measures The causes of problems and the corresponding legislative countermeasures,It is also necessary to think about the causes of problems and corresponding legislative countermeasures from the perspective of the staff of the organization.。Organizational factor and personal factors are the relationship between influence: organizational structure and operation process will restrict the private interests of staff、Value、Opportunities and abilities,The private interests of the staff、Value、Objective and objective factors such as opportunities and abilities will also affect the effect of organizing the implementation of the law。

  Legislative technical control: the structure of the draft and the shaping of the law

The substantive content of the draft law (legislative purpose and legislative measures) always needs to be manifested in a legal form。bet365 live casino games The structure of the draft legal draft and the shape of the legal provision belongs to the most important aspects of the formal arrangement of the draft law,The former explains the layout of the draft legal case from the perspective of the structure of the entire law,The latter explains the technical problem of the drafting of legal provisions from the perspective of legal specifications。From a macro perspective,The user of the law (draft) how to coordinate each other's clauses to coordinate each other is an important condition to ensure the implementation of the law。Legislators can only use the technique of classification and sorting correctly,can the logical structure of the draft be displayed to the user。The clearer the structure of the draft legal case,The more likely the user to change the behavior of changing its behavior according to the purpose of the law,The structure of the draft law has an important impact on the realization of its functions。

From the micro perspective,Legislators need to clarify the corresponding relationship between the law and legal norms under the guidance of the theory of legal norms,can determine the meaning and function of each law。Specifically,A law can express a legal specification,It can also express multiple legal norms; it can only express the constituent elements of legal norms,You can also express the legal effect of legal norms。From the perspective of the type,Methods with macro -control functions have legislative purpose clauses and principles,The former is the spiritual essence of a law,It is the most direct legal expression form of national policy,The value target that must be implemented when drafting the specific method; the latter has locality value integration function,Different principles restrict each other、Cooperate with each other,Building the basic framework of the entire law。When drafting the method of adjusting the behavior of adjusting the behavior as the content,Legislators need to clearly define the subject and scientifically summarize the constituent components。

In short,Thinking of "how to improve the quality of legislation" as a clue,Effectively integrate the traditional legislative theoretical resources in the same way as a whole with internal consequences,This is an inevitable requirement for legislative theory to return to its actual qualities。The main task of this theory is,Provide legislators with a demonstration framework for judging the substantive content of the law case。Only on the substantive content of the draft legal case around the maturity of the law case and its demonstration framework,Legislative procedures can effectively play its role of controlling legislative quality。This is a necessary supplement to the procedural norms of the Legislative Law。Only the legislative bet365 live casino games procedures determined by the Legislative Law are organically combined with the argumentation scheme on the maturity of the law case,my country's legislative theory can be sublimated by the "knowledge system" to the "practical system" and useful "practical system"。

 (Author Unit: Yangzhou University Law School)

Editor in charge: Chen Jing
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