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地方性法规作为我国社会主义法律体系的重要组成部分,在维护政治和社会稳定,推动改革开放,保障公民的合法权益等方面都发挥了一定的作用。但总的来看,目前实施的效果还不够理想。执法不力是一个重要因素,法规本身存在一些缺憾和不足,以致难以操作和执行,也是不容回避的一个问题。这里,笔者仅就地方性法规本身存在的几个问题,作一些归纳和粗浅的分析,以期能引起地方立法机关的重视。一、对执法部门及其职责范围表述得不够明确。执法主体及其职权明确与否,直接影响到法规的施行。目前,有相当一部分地方性法规对相关的执法部门及其职权的表述显得有些含糊不清,尤其是涉及几个执法部门时,对其权限的规定往往过于笼统,在执行过程中很容易出现相互推诿或重复处理的现象。笔者认
As an important part of China’s socialist legal system, local laws and regulations have played a certain role in safeguarding political and social stability, promoting reform and opening up, and safeguarding the legitimate rights and interests of citizens. But overall, the effect of the current implementation is not satisfactory. It is an unavoidable issue that ineffective enforcement is an important factor. There are some shortcomings and deficiencies in the laws and regulations themselves, making it difficult to operate and implement. Here, I only make some inductive and superficial analyzes on the several problems that exist in local laws and regulations in the hope of arousing the attention of the local legislature. First, the law enforcement agencies and their terms of reference is not clear enough. Whether the main body of law enforcement and its powers are clear or not will directly affect the implementation of laws and regulations. At present, quite a few local laws and regulations appear ambiguous about the relevant law enforcement agencies and their functions and powers. In particular, when several law enforcement agencies are involved, the rules governing their competences are often too general and are likely to occur during the implementation process Push or repeat the phenomenon. I think