Pilot implementation proposed by the State Council should be taken as an incentive measure not an authorization of the State Council to local authorities.It is the outcome of the exercise of local legislative authorit...Pilot implementation proposed by the State Council should be taken as an incentive measure not an authorization of the State Council to local authorities.It is the outcome of the exercise of local legislative authority.So long as the pilot program does not conflict with the Constitution and other Laws,to enact local regulations about pilot implementation will be more conducive to the independent local development.展开更多
This paper takes Kunming as an example, analyzes the reasons and advantages that Kunming badty needs to make local laws and regulations of recycling economy. Initiation and assist of the government and formulation of ...This paper takes Kunming as an example, analyzes the reasons and advantages that Kunming badty needs to make local laws and regulations of recycling economy. Initiation and assist of the government and formulation of the corresponding laws and regulations are issues deserved to pay close attention to. Some plain suggestions for the local legislation of recycling economy are put forward.展开更多
Chen Yifan, who is resolved to be single for life, has never expected that at 45, she can realize her dream of producing a baby for herself without having to get married—and legally.
Since 2017,10 provinces(cities)in China have promulgated local laws and regulations on family education,ushering in ground-breaking improvements in the working mechanism,content,subjects,system,and local characteristi...Since 2017,10 provinces(cities)in China have promulgated local laws and regulations on family education,ushering in ground-breaking improvements in the working mechanism,content,subjects,system,and local characteristics of family education.Based on a comparative study of the local legislation on family education in the 10 provinces,the characteristics and differences are summarized,and recommendations and prospects for local legislation on family education in other provinces are presented in this paper.展开更多
The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of C...The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.展开更多
China's poor energy development and in-situ conversion legislation, environment laws and energy laws lead to a severe environmental issue in energy source. This paper uses comparison and logical methods to discuss...China's poor energy development and in-situ conversion legislation, environment laws and energy laws lead to a severe environmental issue in energy source. This paper uses comparison and logical methods to discuss Chapter 4 of Energy Law (Draft for Soliciting Opinions). Energy development is taken as a separate chapter; in-situ energy conversion is added to energy processing and conversion, common features are summarized to form general provisions and other provisions. According to respective characteristics of system for total amount control of energy development, performance guarantee system, environmental trust fund system, energy retaining system and environmental lien system, incorporate them into energy development, in-situ energy conversion and energy processing and conversion, in the hope of solving China's shortage of supply for environmental protection laws on energy development and in-situ conversion, responding to times of environmental protection, and optimizing China's Energy Law.展开更多
基金This paper is the initial result of“Research on Legal Issues Concerning Lawmaking and Decision Making about Pilot Implimentation”- A Scientific Research Innovation Program ( No. IO ZS136)Sponsored by key Disciplines of Administrative Jurisprudence of Shanghai Municipal Education Commission of Higher Education in the Construction of key Disciplines of Administrative Jurisprudence
文摘Pilot implementation proposed by the State Council should be taken as an incentive measure not an authorization of the State Council to local authorities.It is the outcome of the exercise of local legislative authority.So long as the pilot program does not conflict with the Constitution and other Laws,to enact local regulations about pilot implementation will be more conducive to the independent local development.
文摘This paper takes Kunming as an example, analyzes the reasons and advantages that Kunming badty needs to make local laws and regulations of recycling economy. Initiation and assist of the government and formulation of the corresponding laws and regulations are issues deserved to pay close attention to. Some plain suggestions for the local legislation of recycling economy are put forward.
文摘Chen Yifan, who is resolved to be single for life, has never expected that at 45, she can realize her dream of producing a baby for herself without having to get married—and legally.
文摘Since 2017,10 provinces(cities)in China have promulgated local laws and regulations on family education,ushering in ground-breaking improvements in the working mechanism,content,subjects,system,and local characteristics of family education.Based on a comparative study of the local legislation on family education in the 10 provinces,the characteristics and differences are summarized,and recommendations and prospects for local legislation on family education in other provinces are presented in this paper.
基金part of the results(presented in stages)of"Research on the Legislative System of Cities with Subordinate Districts"(16XFX004)-a program of National Social Sciences Fund in Western China"Empirical Research on Local Legislation"(16XW16)-a research focus of Sichuan Academy of Social Sciences under a key program launched by the Publicity Department of the CPC Sichuan Provincial Committee
文摘The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.
基金Supported by Key Project of Sichuan Education Department(Grant No.:11SB098)Key Project of Humanities and Social Sciences of Sichuan University of Arts and Science (Grant No.:2010A04R)
文摘China's poor energy development and in-situ conversion legislation, environment laws and energy laws lead to a severe environmental issue in energy source. This paper uses comparison and logical methods to discuss Chapter 4 of Energy Law (Draft for Soliciting Opinions). Energy development is taken as a separate chapter; in-situ energy conversion is added to energy processing and conversion, common features are summarized to form general provisions and other provisions. According to respective characteristics of system for total amount control of energy development, performance guarantee system, environmental trust fund system, energy retaining system and environmental lien system, incorporate them into energy development, in-situ energy conversion and energy processing and conversion, in the hope of solving China's shortage of supply for environmental protection laws on energy development and in-situ conversion, responding to times of environmental protection, and optimizing China's Energy Law.