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随着社会主义市场经济立法步伐的加快,地方人大常委会近几年制定了一些地方性经济法规。从这些法规来看,符合正确的立法原则,体现市场经济的规范要求,有利依法治国的具体实施,显示出应有作用与效力。认真总结经验,探索地方性经济法规制定技法问题有其一定的意义。其一,找准切入点。要制定好地方性经济法规,应当认真研究立法的基本目的与原则,尽可能地确定一个统领主线,并将其贯通于法规之中。其二,注重可行性。必要性与可能性,往往成为地方立法中的一对矛盾,对此一方面要遵循国家政策和法律的原则,保持相互之间的一致,另一方面又要从实际情况出发,便于法规操作切实可行。在我市国有企业法定代表人离任经济责任审计条例起草当中,曾出现两种意见,一种认为对要离任的企业负责人应当先审计后离任,一种认为对要离任的企业负责人先离任再审计为宜。而上述两种意见都有一定道理,前者无疑具有严肃性,后者考虑到了现有管理体制的客观因素。对此,经过广
With the acceleration of the legislative steps of the socialist market economy, the local people’s congresses have formulated some local economic laws and regulations in recent years. Judging from these laws and regulations, conforming to the correct legislative principles, reflecting the normative requirements of a market economy, and facilitating the specific implementation of governing the country according to law have shown their due effect and effectiveness. Conscientiously sum up experience and explore the formulation of local economic laws and regulations has its certain significance. First, identify the entry point. To formulate the local economic laws and regulations, we should conscientiously study the basic purpose and principle of the legislation, determine the main line of control as much as possible, and pass it through laws and regulations. Second, pay attention to feasibility. Necessity and possibility often become a contradiction in local legislation. On the one hand, we must abide by the principles of national policies and laws and maintain the mutual agreement. On the other hand, we must proceed from the actual conditions to facilitate the effective operation of laws and regulations feasible. In our city, the legal representative of the state-owned enterprises leaving the audit of economic responsibility audit, there have been two opinions, one that the responsible person should leave the company after leaving the audit, one that the departure of the business The person in charge should leave the office for further audit. Both of these views have some truth. The former undoubtedly has solemnity, which takes into account the objective factors of the existing management system. In this regard, after wide