Local Legislation Research Interest Measure Problem

Has more than30years of reform and opening-up in China, because China’sreform and opening up have no ready-made experience and model can copy, andtherefore the activation cell of interest at the same time, also contributed to the variousinterests contradiction. Local legislation is one of the most important way to adjust theinterest relationship around. Since1979for30years, local legislation as an importantpart in the national legislation system, to keep pace with The Times, in the reform andopening up to local economic and social life have significant and positive influence.Because of this, expand the local legislative power to become the trend of The Times.Eighteen the fourth plenary session of the party’s decision, in accordance with thegiven place in the legislative power; On March15,2015, the12th National People’sCongress meeting three times by a draft amendment to the legislative law, thecountry’s284a city divided into districts may exercise the local legislative power, thelocal legislative power scope covering the whole country to the city divided intodistricts. How to measure in the process of interest, determine the weight of theinterests, primary and secondary, successively, and reasonable consideration to avariety of interests, is a difficult problem for local legislators. Local lawmakers oninterest measure, must set up and the different, mutually beneficial and win-winthinking, to coordinate all aspects of the interest distribution involved; Must remainneutral and detached attitude, give full consideration to the principle of balancing ofinterests, standards and methods, and provide interests expression channels and gameplatform. Can deal with all kinds of interest relations, not only consider locallawmakers political wisdom, at the same time, also determines the quality of locallegislation.The interests of the measure about “local legislation”, this article first chapterdiscusses the interests of the law and the general relationship, first revealed the interest is the source and substance of the law. Of the second for the adjustment of theinterests of the legal mechanism that, from a legal rights, legal obligations, and legalresponsibility three aspect reveals how the law in their own way to adjust the interests.Finally from the interests of the legislation as a law adjust the Angle of the basic wayto enter, the essential connotation of legislative, first argument legislation is theessence of interest expression, interest pattern recognition, balancing of interests andinterests of reforming. The basic mode of legislation is interest measure. This is thetheoretical basis of this article. Next, this article from the perspective of ought to beand reality, illustrates the interest measure of local legislation, the state of “reality”,“natural state” and from “reality” to “ought to” path. The third chapter“the basicprinciple of benefit measure” in the local legislation and the fourth chapter“interestmeasure the basic method of local legislation” the two parts of content, is the use ofthe value analysis method to the problems of local legislation interest measure“oughtto be status” were discussed and demonstrated. The third chapter the basic principlesincluding the principle of the rule of law, human rights protection principle, equalityprinciple, democracy principle, principle and proportion principle of making overallplans. This is interests in measure to adjust, to substance distribution on the rights andobligations shall follow the standard and basis; The fourth chapter is “the basic waysof interest measure of local legislation”. To interest recognition, interest and interestselection, three links the advancing step by step. The first step is for identification ofinterests, including quantitative and qualitative recognition of interests; The secondstep is to sort of interests. Here again the importance of including profit itself a degreeas the standard sort of interests and the interests of the interests of the main body forthe standard sort; The last step is to benefit of local legislation choice, divided intodifferent amounts interests contradiction of choice and same interests contradiction ofchoice. Benefit measure based on local legislation the establishment of basicprinciples and basic methods, rough set up interest measure the value of the locallegislation system and methodology system, especially the interest measure the basicmethod is quantified by a series of rules, interest measurement provides guidance onthe operation, help solve the local legislation is a difficult problem in research and decision making-the legislative value target of the contradiction between diversityand evidence-based and institutionalized. In this paper, the second chapter “theinterests of local legislation and interests contradiction” and the fifth chapter “themain problems of interest measurement in local legislation” mainly from solid sexperspective, analyzes and demonstrates the current situation of local interests tomeasure interest measurement and the main problems existing in. The interests of themain contradiction with the contradiction between individual interests and publicinterests, the contradiction between the department and departmental interests, thecontradiction between environmental interests and economic interests, thecontradiction between local interests and the interests and the contradiction betweenthe spiritual interests. The main problem is that the local legislation in the expansionof public power; The expansion of the departmental benefit of local legislation;Multiple interests overall coordination problems of local legislation and locallegislative interest measure the degree of assurance. By means of local legislationpractice interests appeal, interests conflicts and measure of specific problems in theresearch, the regularity of teasing out, master in the whole process of the benefitmeasure local legislation practice and interviews. From “reality” to “ought” between,should build a bridge of arrived at the target. Chapter6of“local legislation in thepractice of the benefit measure improvement” is the bridge, is in the interests of locallegislation measures unilateral and democracy, interest measure is “the knowledgelimitation” and “measuring knowledge comprehensive” three pairs of contradictions,advanced and practical effectiveness on the basis of profound analysis, targetedimprovement measures are put forward and the effective ways to reach target. Theyare: the participation of stakeholders, the expert intervention and interest measurescheme of testing and improvement.In the field of current research to measure the interests of local legislation,research results is not rich, sporadic and shallow, and even a lot of research is also onethe situation,“the measure of interests” as the core, this paper analyzes and frommultiple perspectives into the argument, the combination of theory and practice, ideas and examples, the vigorous and active over the years the local lawmaking status to bevivid, a systematic, comprehensive and overall interest measurement reveals that thelocal legislation of the whole, put forward the interests of local legislation needed tofollow the principle and method of measure, measure to perfecting the locallegislation interests has explored into the practice of road, to make up the blank of theexisting research. And hope that the specific interests of local legislation beneficialmeasure activity, make the result of the benefit measure to restrict the public power,both conflict of rights, and protect the rights of the weak, to achieve the harmonioussociety’s value consensus, and get the biggest range of recognition and abide by it.