Discussion on the Logical Coordination between Legal Theory and Legal Practice——from the Perspective of the Legal Basis of NPC5s Discussion and Decisiomaking Power on Major Issues

• 作者: Yuan Liao
• 来源期刊: 财经研究杂志(英文)
• 学科: 经济
• 关键词: DECISION-MAKING power on major issues POLITICAL logic of law THEORY of people's SOVEREIGNTY LEGAL order THEORY Recognition rule THEORY
• 年，卷（期）: 2019,（1）
• 页码范围: 72-77
• 页数: 6页
• 分类号: F

摘要

The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.