地方政府规章立法程序研究

发布时间：2018-06-26 03:06

本文选题：正当法律程序 + 地方规章立法程序　；参考：《西南政法大学》2009年硕士论文

【摘要】： 2000年7月1日起施行的《中华人民共和国立法法》是我国一部专门对立法活动进行规制的法律,这部法律将地方政府规章作为调整对象之一,并将地方政府规章的制定程序授权国务院进行规定。这就使得对地方规章立法程序进行研究成为必要。地方规章存在的必要性要求对立法质量进行关注。而科学的立法程序对保证立法质量具有不可替代的重要意义。2002年1月1日起施行的国务院《规章制定程序条例》是国家对规章立法在程序上首次作出的统一规定,也是目前对地方规章立法程序进行规制的最高级别的规范性文件。由此确定了我国地方规章立法程序的初步框架。此后,各地方有权政府也大都制定规章,以规范地方政府规章立法活动。地方规章立法程序规范化、制度化的步伐加快。但少数地方还没有出台关于地方规章立法程序的规范性文件;而已制定规章进行规制的,又多是对国务院《规章制定程序条例》的简单重复,脱离地方立法实践,不能实际指导地方规章立法活动。因此,改进并完善地方规章立法程序,对地方政府的规章立法工作十分必要,意义重大。本论文从对正当法律程序的简析入手,将美国宪法上的正当法律程序与我国地方政府规章立法程序结合起来,通过分析我国现行立法对地方规章立法程序的规制现状,进而反思,提出制定统一的《地方政府规章立法程序法》的建议,并对该法应贯穿的基本原则,以及应有的制度设置作了大胆构想,细致分析。本论文由六部分组成。第一部分前言中交代了论文研究的背景、研究动机和目标以及论文的主要研究方法及研究现状等。第二部分以正当法律程序与地方政府规章立法程序的关系为写作基点,对美国宪法中的正当法律程序的作了简要介绍,从美国联邦最高法院对正当法律程序条款适用的实践出发,主要分析了“程序上的正当法律程序”;其次分析地方规章立法程序;再对正当法律程序与地方规章立法程序的关系分析,包括正当的地方政府规章立法程序和地方政府规章立法程序应该体现正当法律程序的价值两小节。第二部分是本论文的研究基础,是以下所有论述的得以进行的前提。第三部分是对地方政府规章立法程序的现状及反思,分为现状和反思两部分,现状部分是对国务院《规章制定程序条例》的规定和各地方政府规章的相关规定进行分析,重点放在对国务院《规章制定程序条例》的分析上。现状分析按照规章制定的一般程当李健吾对二三十年代的中国现实主流游离不定而找不到实际归宿之时,1931年,他靠着父执辈和亲朋好友的帮忙得以成功出国。在法国留学的两年时间里,一方面,他日夜研读福楼拜、莫里哀、司汤达等人的作品,外国文艺思潮的影响使他超越了普罗文学的视界;另一方面,远离了中国当时的现实环境,他不必为趋当时之势而费力追赶当时文学潮流,使他有更多时间去实践他自己的创作技巧与风格。在他留法期间完成的最重要的一个三幕剧《村长之家》,这个剧本与李健吾以前的剧作明显不同,故事情节由简单变为复杂,人物性格由单一变为多重,剧情发生的背景也不再是城市,而是“华北乡间某村镇上”,实际上就是以他的故乡安邑西曲马村为蓝本。因此,《村长之家》被公认为是李健吾留法时期最重要的剧本,是他戏剧创作上的一个分水岭。1934年作者创作了喜剧精灵《这不过是春天》,这不仅是他的传世之作,而且也是他平生所作的第一部喜剧作品。剧作以相对轻捷的方式表现了自我和人性复归的主题,随后他一发不可收拾。前后共创作了40多部剧作及改编剧,为中国现代话剧的发展作出了杰出的贡献。那究竟是何原因促使作者出现这种转向,使其戏剧前后创作发生如此明显的不同呢?虽说内因也即李健吾本人的个性成因是促使其创?
[Abstract]:The legislative law of the People's Republic of China, which was carried out in July 1, 2000, is a law that specializes in the regulation of legislative activities in China. This law takes local government regulations as one of the objects of adjustment, and authorizes the formulation of local government rules and regulations by the State Council. This makes research into the legislative procedures of local rules and regulations. It is necessary. The necessity of the existence of local regulations requires attention to the quality of the legislation. And the importance of the scientific legislative procedure to ensure the quality of the legislation is unreplaceable. The regulations of the State Council, which was implemented in January 1st.2002, are the first unified provisions made by the state for the first time in the process of regulation and legislation, and also to the present place. The highest level of normative documents in the regulation and regulation of the rules and regulations. Thus, the preliminary framework of the legislative procedures of local rules and regulations in China has been determined. Since then, the authorities in each place have the power to formulate rules and regulations to regulate the legislative activities of local government regulations. The legislative procedures of local rules and regulations have been standardized and institutionalized faster. The regulation of local rules and regulations is issued; the rules and regulations are formulated, and most of them are simple repetition of the regulations and regulations of the State Council. They are divorced from the practice of local legislation and can not actually guide the legislative activities of local rules and regulations. Therefore, the rules and regulations of the local government are improved and perfected and the rules and regulations of local governments are legislating. It is necessary and significant to work.
This paper, starting with a brief analysis of the due process of law, combines the legitimate legal procedures of the United States Constitution with the legislative procedures of local government rules and regulations in our country, and through the analysis of the current regulations on the regulation of local rules and regulations in China's current legislation, and then rethinks the proposal to formulate a unified "legislative procedure law of local government regulations". The basic principles of the law should be run through, and the system should be set up with bold ideas and careful analysis.
The thesis is composed of six parts. The first part of the first part is the introduction of the background of the research, the research motivation and the goal, the main research methods and the research status of the paper. The second part is based on the relationship between the legitimate legal procedure and the local government rules and regulations, and gives a brief account of the legitimate legal procedures in the constitution of the United States. Starting from the practice of the Federal Supreme Court of the United States on the application of the provisions of the due process of legal procedure, the main analysis of the "procedural legal procedures" is mainly analyzed, followed by the analysis of the legislative procedures of local rules and regulations, and the analysis of the relationship between the proper legal procedures and the local rules and regulations, including the proper local government rules and regulations and the local government. The rules and regulations should reflect the two sections of the value of the legitimate legal procedure. The second part is the basis of the study and the premise for all the following discussions. The third part is the status and Reflection on the legislative procedures of local government rules and regulations, divided into two parts of the status quo and reflection, and the status quo part is the State Council < rules and regulations procedures. The provisions of the regulations and the relevant provisions of the local government regulations are analyzed, focusing on the analysis of the regulations and regulations of the State Council on the regulations and regulations of the State Council. The general course of the status analysis according to the rules and regulations.
When Li Jianwu was unable to find the actual destination of the mainstream of Chinese reality in the 20s and 30s, in 1931, he was able to go abroad by his parents and relatives and friends. In the two years in France, on the one hand, he studied the works of Gustave Flaubert, Moliere, and the foreign literature and art, and the influence of foreign literature and art. He surpassed the horizon of prop's literature; on the other hand, he was far away from the real environment of China at that time. He did not have to rush to catch up with the literary trend of the time at that time, so that he had more time to practice his own creative skills and style.
The most important three act of the three act, the village leader's home, was completed in the period of his stay. The play was distinctly different from the previous plays of Li Jianwu. The plot changed from simple to complex, the character changed from single to multiple, and the background of the plot was no longer the City, but "a village in the North China village", in fact it was his homeland security. Macun is the blueprint of Macun. Therefore, the family of the village chief is recognized as the most important script in the period of Li Jianwu's stay in the law. It is the author of a watershed in his dramatic creation, the author of the comedy fairy < this is spring >. This is not only his masterpiece, but also the first comedy he made in his life. The play is relatively light. The theme of the return of self and human nature was shown in the way of Czechoslovakia. After that, he created more than 40 plays and rewriters, which made outstanding contributions to the development of modern Chinese dramas.
What was the reason for that that prompted the author to make such a turn so that the creation of his drama was so distinctly different?
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0

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