The Scope Of Local Regulations’ Creative Provisions At Provincial Level

In the great power characterized with unitary system and significant local differences, it is worth researching whether the scope of local regulations’ creative legislation at provincial level is restricted and what its legality and legitimacy lie in. In the framework of the central and local legislative authority, the paper not only observed the actual operation, formationmechanismand legality and legitimacyof local legislative power, but also analyzed the expressive forms, of local decrees’ creative provisions, attempting to propose the jurisprudentialinterpretation and legal and political measures of scope of creative local regulations.Starting with the empirical description, the paper exemplified the local decrees of a province, autonomous region and municipality in police affairs. Moreover, this paper put emphasis on the powers, rights and obligations of legal provisions and focused on sorting out and analyzing the creativeregulations of local legislation. With the common demand of formulating the legal norm, the local legislation practice has instituted the provisions of power, right, obligation and liability. These creative provisions not only aim at the items which national law and administrative regulation haven’t regulated, but also supplement and vary the provisions and items which the higher-level law has stipulated.In the aspect of road traffic security, the local decrees have established the provisions of administrative powers, the legal obligations have expanded the scope, function and power of the administrative subjects while some have added the accountabilityon the basis of the existing national law and administrative regulation. Meanwhile, in addition to the obligations of such subjects as citizens, legal persons, etc., the circumstances, methods and types of penalty have been additionally created. In regard to the fire safety, local decrees have formulated the provisions of such power as administrative compulsion authority, and of the legal liabilities of such subjects as citizens, legal persons, etc. Some, based on the existing higher norms, have increased the legal obligations and liabilities of private subjects, while others have made adaption to the obligations and penalties in the upper-level law.When it comes to the public security administration, the local decrees have made provisions for administrative powers, legal obligations and liabilities. Built on the higher-level law, the obligations of such subjects as citizens, legal persons, etc., have been enacted. What’s more, the penalty provisions have been also varied. Among the creative local legislation, there exist trans-normal provisions of obligations and liabilities.The emergence of local regulations’ creative legislation lies in the significant and urgent governance demands in local regions. When the central legislations fail to provide timely support to cutting-edge issues and regionally specific needs, local people’s congress and its standing committee are supposed to fulfill the legislative authority in accordance with the constitutional law and organic law which also constitutes the foundationof legislative authority in the organic law. In order to guaranteethe scope of appropriate creation of local decrees and avoid the formally “legal conflicts” brought about by the creation of regulations and norms in local decrees, further steps, according to the constitution regarding the principle of relationship between central authority and local governments, should be made to optimize the allocation of legislative competence and identify the extent of legislative competence. Through the reasonable interpretation and proper application of “matters of local character”, the legislation scope has been broadened institutionally. Besides, the appropriate interpretation of “the non-contravention principle” offers legality to the local decrees’ creative provisions.Through the review and observation, this paper attempted to an analytical prospective and proposal to delimitate the central and local legislative authority, thus promoting the capacity of national governance and modernityof governance systems.