Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws
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 la...
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| Format: | Article |
| Language: | English |
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Editorial Department of Contemporary Social Sciences
2018-03-01
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| Series: | Contemporary Social Sciences |
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| Online Access: | https://css.researchcommons.org/cgi/viewcontent.cgi?article=1121&context=journal |
| _version_ | 1811155052250791936 |
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| author | Zheng Tai’an |
| author_facet | Zheng Tai’an |
| author_sort | Zheng Tai’an |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-10T04:27:37Z |
| format | Article |
| id | doaj.art-b1dc7a93d41744feb2bacb4a8519d313 |
| institution | Directory Open Access Journal |
| issn | 2096-0212 |
| language | English |
| last_indexed | 2024-04-10T04:27:37Z |
| publishDate | 2018-03-01 |
| publisher | Editorial Department of Contemporary Social Sciences |
| record_format | Article |
| series | Contemporary Social Sciences |
| spelling | doaj.art-b1dc7a93d41744feb2bacb4a8519d3132023-03-10T09:11:34ZengEditorial Department of Contemporary Social SciencesContemporary Social Sciences2096-02122018-03-0110.19873/j.cnki.2096-0212.2018.02.007Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of LawsZheng Tai’an0Sichuan Academy of Social SciencesThe 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. https://css.researchcommons.org/cgi/viewcontent.cgi?article=1121&context=journalcities with subordinate districtslocal laws;regulations of provincial governments;order of precedencepremises;postmodern legislation |
| spellingShingle | Zheng Tai’an Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws Contemporary Social Sciences cities with subordinate districts local laws; regulations of provincial governments; order of precedence premises; postmodern legislation |
| title | Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws |
| title_full | Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws |
| title_fullStr | Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws |
| title_full_unstemmed | Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws |
| title_short | Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws |
| title_sort | order of precedence between local laws of cities with subordinate districts and regulations of provincial governments clarifying premises for discussion based on the characteristics of laws |
| topic | cities with subordinate districts local laws; regulations of provincial governments; order of precedence premises; postmodern legislation |
| url | https://css.researchcommons.org/cgi/viewcontent.cgi?article=1121&context=journal |
| work_keys_str_mv | AT zhengtaian orderofprecedencebetweenlocallawsofcitieswithsubordinatedistrictsandregulationsofprovincialgovernmentsclarifyingpremisesfordiscussionbasedonthecharacteristicsoflaws |