Dissertation
Dissertation > Political, legal > China's political > State administration > Monitoring,supervision

Legal Analysis of the \

Author JiangZuo
Tutor LiuZhiGang
School Fudan University
Course Legal
Keywords Two regulation Legal Anti-corruption Rationality
CLC D630.9
Type Master's thesis
Year 2008
Downloads 153
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"Two regulation" as an effective means of fighting corruption, in-depth development of anti-corruption struggle has played an important role. However, the implementation process has also led to a lot of controversy. This article from the "two regulations" origin, nature, and its prospects for the development of multi-perspective and objective analysis of the "two regulations" double-effect of the measures. The full text of a total of five parts. The first part of the "two rules" were outlined. Includes "two regulation" of the origin of the concept of defining the nature of its analysis. The second part will focus on the "rules" of usage. Pointed out that "two regulation" to follow insist on the use of caution and adhere to the principles of the use of the principle of legalization. From the "two regulation" of the application of the object, the main implementation of the objective elements of the examination and approval procedures set out four "two regulation". The third part of the focus from the legal point of view of the "rules" of the existence of the relative reasonableness of the argument. That "two regulation" has a certain legitimacy and constitutionality of Xing Li, in line with the basic rights of special relationship between the theory of special powers as "two regulation" have a substantial constitutionality. "Two regulation" is also in line with legal rights and obligations of the principle of reciprocity. An objective analysis of the "two regulation" the reality of the need for that "two regulation" in the fight against corruption is the existence of the special needs, is the lack of measures to make up for justice. "Two regulation" is also the reality of rationality. It is based on the real foundation of China Practice has proved that it has a positive role, is the most effective means of inner-party supervision. At the same time also pointed out that the "two regulation" of limited legal. That "two regulation" is easily the limitations of personal rights violations, and in the "Two regulations" in the process of implementation to avoid infringement of personal rights of specific measures. Part IV for "two regulation" to implement in practice encountered a number of legal issues were discussed. That "two regulation" of the legal system, the role of both positive and negative effects. With regard to "two regulate" truthful account of themselves during the crime, whether as surrender on this issue, this article should be carried out case-by-case analysis should not be generalized. Part V of the prospect of "two regulation" of the prospects for reform of the rule of law. Pointed out that "two regulation" need to reform and improve China; to "two regulate" to track the rule of law; good to learn from foreign experience to improve the "rules of the two".

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