Protecting Neighboring Right in Urban Planning Permits by Administrative Law——Analysis of 450 local legislative norms
The Legislative Law of the People's Republic of China stipulates that if the superior law is clearly prescribed,the local regulations generally do not repeat the provisions.This is an important legislative principle and needs to further clarify its connotation.However,due to the vague provisions of the"general non-repetition of the superior law",and the refinement of the principle is not realized,though the number of local legislative norms is large.The current legislative and judicial procedures also do not provide an effective review and supervision mecha-nism for the situation,so the"copy and paste"behavior of the superior law is endless.It is necessary to summarize local experience,update legislative principles,clarify the connotation and boundary of"reasonable repetition"in the form of local regulations,and make a negative evaluation on the legislative process.
the principle of"non-repetition of higher-level laws"non-contradictionreasonable repetitionthe legislative process
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