Dragan Vujisić
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摘要

本文第一部分分析了不同的法治观:自由民主观,实证主义观,最后将法治定义为具有特定性质的实证法律秩序的法治。除了这三种理论取向外,本文还提出了法治的形式与物质两方面的分类。此外,还分析了法治的原则和制度:权力合法性、权力分工、司法独立、以宪法和合法性理念表达的合法性、宪法对人权和公民权利的保障、自由经济和经济活动的存在。本文第二部分的主题是服务。如今,服务业是经济增长的发动机,尤其是在欧盟发达国家,服务业占EDP的70%以上,雇员,新的经济主体,服务业活动也占全部活动的70%以上。服务业包括不同的、异质的服务,其数量越来越多。服务活动众多,在贸易、通信、金融、政府行政、卫生部门、社会福利、媒体、教育、旅游、餐饮、体育等各个部门开展。由于服务范围不断扩大,对国家经济发展的影响,我们都见证了服务业的不断发展。分析了塞尔维亚共和国服务业的法律法规,以及其与欧盟一级法律法规的协调,以及进一步升级和改进的必要性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
VLADAVINA PRAVA I USLUGE
In the first part of the paper are analyzed different views of the rule of law: liberaldemocratic, then positivistic view and, finally, defining of the rule of law as the rule of positive-law order of particular properities. In addition to these the three theoretic orientations, one more classification was pointed out - formal and materaialistic aspect of the rule of law. Besides, the principles and institutions of the rule of law were analyzed: legitimacy of power, division of power, independent judiciary, legitimacy expressed in terms of the ideas of constitution and lawfulness, constitutional guarantees of human and civil rights, existence of free economy and economic activities. The subject of the second part of this paper are services. Nowadays, services are the motor of economic growth and include, especially in developed countries of EU, more then 70% of EDP, employees, new economic subjects, and service activities also make up over 70% of all the activities. The service sector includes different, heterogenic services the number of which is getting higher and higher. The service activities are numerous and performed in various sectors such as trading, communications, financing, government administration, health department, social welfare, media, education, tourism, catering, sport and others. We are all witness to the constant growth of service sector in view of continuous broadening of the range of services and the influence upon the economic development of the state. Law regulations of the services in the Republic of Serbia were analized as well as its harmonization with the law regulations at the level of EU and the need for its further upgrading and improvement.
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