综改区“先行先试”政策的立法保障研究
发布时间：2018-09-08 20:10
【摘要】：自2005年上海浦东新区被首次确立为综改试验区以后,至今已有12个省市和地区被国家先后给予了“先行先试”改革的政策。从立法的角度来说,“先行先试”就是指各综改试验区可以根据中央的授权,在本试验区内就有关改革事项进行率先立法,制定相关的地方性法规及规章,用立法先行保障综改区的改革发展。我们知道,立法层面的保障对改革的成功有着重要的作用,而单从时间上来看,各试验区的建设尚处于起步阶段,立法工作也刚刚开始,因此没有现成的立法保障经验可以借鉴；同时国内专门针对“先行先试”政策立法保障的研究也成果甚少。本文旨在通过对“先行先试”立法保障的现状分析,系统研究各综合改革试验区立法保障的成果,发现其中的问题并探索性的提出相关的解决措施,为综改区的立法保障提供有价值的借鉴经验。因此本文探索性地对综改区“先行先试”政策的立法保障进行研究,首先通过逻辑语义分析法,对先行先试、立法保障的概念和特征等基本情况做出解析。进而根据“先行先试”立法保障必要性的分析,研究其立法保障的理论基础,并运用价值分析法揭示其存在的理论价值和实践价值。之后通过实证分析法分析各综改区立法保障的现实情况及存在的问题,最后在前文研究的基础上分析“先行先试”立法保障的基本模式和具体措施。本文共分为四个部分：第一部分：“先行先试”政策立法保障的相关概念解析。综合配套改革“先行先试”是最近几年来兴起的,目前国内外对此的研究较少,相关的概念及内涵等基础性的分析也很少,因此人们对此的知晓度不高。所以本部分就先行先试、立法保障作出解释说明,以便于读者可以有效的理解,并为之后的文章论述做准备。第二部分：“先行先试”立法保障的理论分析。本部分所解决的主要问题是“先行先试”立法保障存在的理论问题。首先,分析“先行先试”政策立法保障的必要性,提高对“先行先试”政策立法保障的认识。之后从法理学、宪法学、行政法学、法社会学及哲学方面分析其立法保障的理论依据。最后从理论层面及实践层面分析“先行先试”立法保障的价值。第三部分：“先行先试”政策立法保障的现状分析。本部分首先通过实证分析法研究“先行先试”立法保障中国家和各综改区的政策法律支持情况。其次分析指出各综改区地区在“先行先试”政策立法保障中存在的问题,说明目前的“先行先试”政策立法保障中还有很多不足之处。第四部分：“先行先试”政策立法保障的建构。对于“先行先试”政策立法保障的建构主要从基本法理、基本模式和具体措施来进行论述。本部分首先研究“先行先试”政策立法保障所应当遵循的基本理念,并在此基础上分析立法保障所应适用的基本模式,最后探索研究具体的立法保障措施,为综改区立法保障的建设提出合理化建议。本文旨在做到结构严谨、观点明确、思路清晰,理论结合实证,根据现有学者的研究成果,结合综改区“先行先试”政策立法保障的现状,在理论研究和价值分析的基础上寻找“先行先试”立法保障建设的最优模式和具体措施,为综合配套改革试验区的立法建设提供借鉴意义。
[Abstract]:Since Shanghai Pudong New Area was first established as a comprehensive reform pilot area in 2005, 12 provinces, cities and regions have been successively given a "pilot-ahead" reform policy by the state. We know that the protection of the legislative level plays an important role in the success of the reform. However, from a time perspective, the construction of the pilot areas is still in its infancy, and the legislative work has just begun, so there is no ready-made legislation. At the same time, there are few domestic researches on the legislative guarantee of the "first try" policy. The purpose of this paper is to systematically study the achievements of the legislative guarantee of the comprehensive reform pilot areas by analyzing the current situation of the legislative guarantee of the "first try" policy, find out the problems and put forward relevant solutions. Therefore, this paper makes an exploratory study on the legislative guarantee of the "first try" policy in the comprehensive reform zone. Firstly, by means of logical semantic analysis, it makes an analysis of the basic situation of the "first try" and the concept and characteristics of the legislative guarantee, and then makes a legislative guarantee according to the "first try" policy. This paper analyzes the necessity of the obstacle, studies the theoretical basis of its legislative protection, and reveals its theoretical and practical value by using the value analysis method. Then it analyzes the actual situation and existing problems of the legislative protection in the comprehensive reform zones through the empirical analysis method. Finally, it analyzes the basic of the legislative protection of "first try" on the basis of the previous study. This article is divided into four parts: the first part: the analysis of the relevant concepts of the "first try" policy legislative protection. The comprehensive supporting reform "first try" is rising in recent years. At present, there is little research on this at home and abroad, and the related concepts and connotation of the basic analysis is also very few, so people on this. The second part is the theoretical analysis of the legislative protection of "first try first". The main problem solved in this part is the theory of "first try first" legislative protection. First of all, it analyzes the necessity of the legislative guarantee of the "first try" policy, and raises the awareness of the legislative guarantee of the "first try" policy. Then it analyzes the theoretical basis of its legislative guarantee from the aspects of jurisprudence, constitution, administrative law, sociology of law and philosophy. Finally, it analyzes the legislative guarantee of "first try" from the theoretical and practical levels. The third part is the analysis of the status quo of the "first try" policy legislative protection. This part first studies the "first try" legislation to protect the policy and legal support of the state and the comprehensive reform zones through empirical analysis. The fourth part is the construction of the legislative guarantee of the "first try" policy. The construction of the legislative guarantee of the "first try" policy is mainly discussed from the basic jurisprudence, basic mode and specific measures. On the basis of the basic concepts that should be followed by the policy-making and legislative guarantee, this paper analyzes the basic models that should be applied to the legislative guarantee, and finally explores and studies the specific legislative guarantee measures to put forward reasonable suggestions for the construction of the legislative guarantee in the comprehensive reform zone. Scholars'research results, combined with the status quo of the "first try" policy legislative guarantee in the comprehensive reform zone, seek the best model and concrete measures of the "first try" legislative guarantee construction on the basis of theoretical research and value analysis, and provide reference for the legislative construction of the comprehensive reform experimental zone.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D920.4
[Abstract]:Since Shanghai Pudong New Area was first established as a comprehensive reform pilot area in 2005, 12 provinces, cities and regions have been successively given a "pilot-ahead" reform policy by the state. We know that the protection of the legislative level plays an important role in the success of the reform. However, from a time perspective, the construction of the pilot areas is still in its infancy, and the legislative work has just begun, so there is no ready-made legislation. At the same time, there are few domestic researches on the legislative guarantee of the "first try" policy. The purpose of this paper is to systematically study the achievements of the legislative guarantee of the comprehensive reform pilot areas by analyzing the current situation of the legislative guarantee of the "first try" policy, find out the problems and put forward relevant solutions. Therefore, this paper makes an exploratory study on the legislative guarantee of the "first try" policy in the comprehensive reform zone. Firstly, by means of logical semantic analysis, it makes an analysis of the basic situation of the "first try" and the concept and characteristics of the legislative guarantee, and then makes a legislative guarantee according to the "first try" policy. This paper analyzes the necessity of the obstacle, studies the theoretical basis of its legislative protection, and reveals its theoretical and practical value by using the value analysis method. Then it analyzes the actual situation and existing problems of the legislative protection in the comprehensive reform zones through the empirical analysis method. Finally, it analyzes the basic of the legislative protection of "first try" on the basis of the previous study. This article is divided into four parts: the first part: the analysis of the relevant concepts of the "first try" policy legislative protection. The comprehensive supporting reform "first try" is rising in recent years. At present, there is little research on this at home and abroad, and the related concepts and connotation of the basic analysis is also very few, so people on this. The second part is the theoretical analysis of the legislative protection of "first try first". The main problem solved in this part is the theory of "first try first" legislative protection. First of all, it analyzes the necessity of the legislative guarantee of the "first try" policy, and raises the awareness of the legislative guarantee of the "first try" policy. Then it analyzes the theoretical basis of its legislative guarantee from the aspects of jurisprudence, constitution, administrative law, sociology of law and philosophy. Finally, it analyzes the legislative guarantee of "first try" from the theoretical and practical levels. The third part is the analysis of the status quo of the "first try" policy legislative protection. This part first studies the "first try" legislation to protect the policy and legal support of the state and the comprehensive reform zones through empirical analysis. The fourth part is the construction of the legislative guarantee of the "first try" policy. The construction of the legislative guarantee of the "first try" policy is mainly discussed from the basic jurisprudence, basic mode and specific measures. On the basis of the basic concepts that should be followed by the policy-making and legislative guarantee, this paper analyzes the basic models that should be applied to the legislative guarantee, and finally explores and studies the specific legislative guarantee measures to put forward reasonable suggestions for the construction of the legislative guarantee in the comprehensive reform zone. Scholars'research results, combined with the status quo of the "first try" policy legislative guarantee in the comprehensive reform zone, seek the best model and concrete measures of the "first try" legislative guarantee construction on the basis of theoretical research and value analysis, and provide reference for the legislative construction of the comprehensive reform experimental zone.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D920.4
【共引文献】
相关期刊论文 前2条
1 蔺晟;;中美中央与地方立法分权比较研究[J];法制博览;2015年11期
2 高峰;;依法治国视阈下地方立法公众参与研究[J];山东理工大学学报(社会科学版);2015年04期
相关会议论文 前1条
1 王琪t，
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