18.97.9.171
18.97.9.171
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자치입법제도의 문제점과 개선방안
The study on the problems and the improvement of the system of autonomous legislation
문상덕 ( Mun Sang-deok )
서울법학 vol. 16 iss. 1 67-96(30pages)
UCI I410-ECN-151-24-02-088734636

Constitutional law, Local government law and Local tax law etc. give a guarantee of the power of autonomous legislation of local governments, but the possibility of autonomous legislation of local government are confined to narrow limits. Especially, the Principle of Legal grounds to local legislation by the interpretation of Constitutional law(especially §37 ②) and the provisory clause of Local government law §22 require the legal grounds of the regulatory local ordinances. Therefore, local ordinances of local governments as autonomous laws have been distorted into heteronomous laws. And it is another problem that the statutes of central government give detailed provisions on the autonomous office work(affairs) of local governments, so the possibility of local legislation are very restricted. In order to settle these problems, above all, I think that the revision of Local government law §22 is needed. The expression "inside of the statutes bound" of Local government law §22 should be changed into "inside of not against the statutes" and the provisory clause of Local government law §22 should be deleted. As the result, the local ordinances also should be made without the delegation of national statutes. In the last place, Local government law §27 also should be revised so that the penal system should be introduced into the system of local ordinances.

Ⅰ. 서설
Ⅱ. 현행 자치입법제도의 문제점
Ⅲ. 자치입법제도의 개선을 위한 정부 차원의 시도
Ⅳ. 외국의 자치입법제도 비교 검토
Ⅴ. 자치입법권 확대를 위한 지방자치법제의 개선방안
Ⅵ. 자치입법에 관한 헌법 및 법률 개정(안)
[자료제공 : 네이버학술정보]
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