Research On The Improvement Of The Legislative Procedures Of The Standing Committee Of The People's Congress Of A City Divided Into Districts

The Fourth Plenary Session of the 18 th CPC Central Committee pointed out that we should improve the system and mechanism for the people's Congress with legislative power to lead the legislative work and give full play to the leading role of the people's Congress and its Standing Committee in the legislative work.The decision adopted at the Fourth Plenary Session of the 19 th Central Committee further pointed out that the legislative system and mechanism should be improved.Since the people's Congress of a city divided into districts usually meets once a year,the legislative work of a city divided into districts is mostly in the charge of the Standing Committee of the people's Congress of a city divided into districts.The Standing Committee of the people's Congress of a city divided into districts should exercise the local legislative power granted by the state according to certain norms if it decides on the laws and regulations to adapt to the local development.The legislative procedure of the Standing Committee of the people's Congress of a city divided into districts is an indispensable procedural system for the Standing Committee of the people's Congress of a city divided into districts to standardize the exercise of the legislative power in accordance with the law.The Standing Committee of the people's Congress of a city divided into districts standardizes the legislative procedure of the Standing Committee of the people's Congress of a city divided into districts by formulating legislative regulations,so that the activities in each stage of the legislative procedure can be governed by law.In practice,for the Standing Committee of the Municipal People's Congress,which is divided into districts and undertakes a lot of legislative work,these local legislative regulations are more or less imperfect,such as the single source of the project establishment link of the laws and regulations,the dependence of the drafting link of the laws and regulations on the government,the insufficiency of the role of the proposing link of the laws and regulations,the low quality of the deliberation link of the laws and regulations,and the passivity of the improvement link of the laws and regulations Place.These imperfections have a significant impact on the quality of local laws and regulations,which requires us to focus on response and research.The Standing Committee of the people's Congress of a city divided into districts is the statutory legislative organ of a city divided into districts.However,in the legislative process in which all relevantsubjects participate,the leading role of the Standing Committee in the process and the subjectivity and scientificity of the people in the process have a direct impact on the quality of legislation.The leading,democratic and scientific nature of the Standing Committee of the people's Congress are the important principles of legislation established in the legislative law,the key to improving the legislative process of the city divided into districts,and the starting point and value pursuit of this article.In order to summarize the innovation experience of the legislative procedure mechanism of the Standing Committee of the Municipal People's Congress,this paper uses the method of empirical analysis to investigate and analyze the local legislation of Hefei and Huainan,and to study the direction and path of improving the legislative procedure of the Standing Committee of the Municipal People's Congress.Before the legislative law of 2015 was amended to give local legislative power to all cities divided into districts,49 cities divided into districts,such as the city where the people's Government of the province and autonomous region is located,the city approved by the State Council and the special economic zone,have local legislative power,and only Hefei and Huainan are listed in Anhui Province.Because Hefei,as the capital city of the province and Huainan,as a large city,began to exercise the local legislative power in the 1980 s,with rich legislative experience,relatively mature legislative procedures,and relatively prominent problems in the legislative work.In the research on the legislative procedure of the Standing Committee of the Municipal People's Congress divided into districts,taking the two cities as the research samples has certain representativeness and sample significance of empirical research.Therefore,the legislation of the standing committees of the Municipal People's Congress in Hefei and Huainan is taken as a case.From the perspective of the operation mechanism of the legislative procedure of the Standing Committee of the Municipal People's Congress divided into districts,and taking the local laws and regulations formulated,revised and abolished by the standing committees of the Municipal People's Congress of Hefei and Huainan as reference samples,this paper sums up the experience from the specific matters,and tries to put forward the establishment of the Standing Committee of the Municipal People's Congress based on the value standards of the people's Congress' s dominance,procedural democracy and scientificalness The corresponding countermeasures and suggestions for the perfection of legal procedure.First of all,China's "legislative law" establishes the principles of scientific,democratic and people's Congress leading legislation.Secondly,to improve the legislative procedure of the Standing Committee of the Municipal People ' From the scientific and democratic view of the legislative process mechanism,the public has not effectively participated in the legislative process,the operation of the legislative process is unreasonable,which affects the quality of legislation.Then,adhere to the principle of problem oriented and goal oriented,starting from the path oriented to improve the legislative process of the Standing Committee of the Municipal People's Congress,carefully analyze the legislative dominance of the Standing Committee of the Municipal People's Congress,the scientific and democratic legislative process mechanism of the Standing Committee of the municipal people's Congress,so as to sort out the laws that should be followed.Finally,some suggestions are put forward to improve the legislative procedures,such as the establishment and improvement of the scientific legislative planning mechanism,the drafting mechanism of draft laws and regulations,the proposal of diversified legal cases,the mechanism of deliberation of laws and regulations,and the mechanism of perfection after legislation.Through the establishment and improvement of the relevant mechanism for the Standing Committee of the people's Congress to independently draft or organize the drafting of draft laws and regulations,giving full play to the system of the Council of directors leading the legislative process and the Standing Committee of the people's Congress intervening in the drafting of draft laws and regulations in advance,the whole process and all links of the legislative process are carried out under the guidance of the Standing Committee of the people's Congress of the city divided into districts.Through the establishment and improvement of mechanisms such as project investigation and demonstration,open collection of draft laws and regulations,diversified main body of draft laws and regulations proposal,participation of representatives in legislation,legislative consultation,argumentation and consultation on the adjustment of major interests involved in legislation,and pre and post evaluation of legislation,each link of the legislative process embodies scientificity and democracy,and improves the quality and efficiency of legislation.