The Power,Practice And Optimizing Of City Legislation

In 2015,The legislation law of the People's Republic of China(legislation law for short)adjusted the vertical decentralization pattern of legislative power.The adjustment,which the purpose is expansion the number of the local legislative subjects,marks that the hierarchy of city legislation is established in our country.Furthermore,the city legislation has also become a special role for its extent of competence.In terms of nature,the legislative law hope to set out the specific content of the municipal legislative system,that through the way of defining the content and power boundary.The legislative law,on the other hand,in order to balance the decentralization and the limit of power,hope to reduce the possible conflict between stimulate local vitality and maintain legal unity.How to use new legislative power has become the key determinants of the city legislations practice effect in future.As time went on,the city legislative achievements constantly emerging.Through comprehensive empirical analysis of the city legislative practice,we can comprehensively review the rationality and effectiveness of system design.Based on the background of the expansion of legislative subject,this paper examines the special power and function of city legislation,explores the effect of the existing legislative power adjustment scheme,and puts forward the optimum path of city legislation in the future.Specific research is divided into three parts,which include introduction,main body and conclusion.The introduction part explains the background,significance and present situation of the research.And in this part,through the definition of “city” and “city legislation”,the basic object of the research is clarified.On the basis of combing research idea,this part also set up the basic framework of research.According to the combination of theory and practice analysis,the main part of this paper consists of four chapters:The first chapter tries to clarify the mechanism of the expansion of the legislation subject from the three perspectives of norms,history and theory.From the perspective of norms,through the investigation of the process from “larger city” to “city divided into districts”,the integrative function of the legislative subject expansion has been demonstrated.In addition,this part analyzes the logic of urban development,the central and local decentralization and the evolution of intergovernmental relations,and demonstrates that legislative subject expansion conforms to our country's basic development trend.Finally,in the perspective of national governance modernization,subject capacity,which is beneficial to giving full play to the advantages of primary legislation information and boost the local rule of law development,is consistent with the spirit of the experimental governance methodology.In the second chapter,on the basis of presenting the theory of city legislative power allocation,the thesis critical analyzes the distribution of city legislative power under the existing legislation system.Firstly,based on the theory of decentralization,this paper proves the legitimacy of city legislative power,put forward that the main function of city legislative power is to mobilize the enthusiasm of the central government,to achieve the standardization of urban governance and the rule of law,and enhance the efficiency and effectiveness of urban governance.At the same time,the expansion of the subject must follow the unification of the legal system,and needs to clear the authority as the theme.Combined with the existing norms,through the theoretical analysis of the concept of the law,such as local affairs,legislative matters and not inconsistent,we find some objective problems that the legislative power of the city is still ambiguous,the scope of local affairs is vague,the legislative content is limited and so on.The third chapter comprehensively reveal the municipal legislation practice in the form of empirical analysis,and try to explore the actual effect of institutional arrangement.Through integrated analysis of the nearly 400 city local regulations,we found that urban legislation is generally positive,but there are differences in the geographical,type of practice.And the practice proved two basic judgment which have been proposed above.On the one hand,all positive legislation embodies the realistic significance of the legislative subject expansion.The relevant legislation defining matters also will help the city to enhance the legislative characteristics.In addition,more and more local laws and regulations help to achieve the standardization of urban governance,that is,the value of the expansion of the main legislative body has been proved by practice.On the other hand,the difference of legislative attitude between cities reflects the contradiction between the pluralistic orientation of legislative demand and the current mode of the allocation of legislative power.And the legislative duplication also reflects the lack of legislative capacity and overlapping legislative issues.In general,these specific issues are caused by the city legislative power allocation mode.Summing up the above,with practice verification,this chapter find the specific path of future city legislation development.The fourth chapter claim that we need to take a variety of means,such as optimize the allocation of power,restrict the exercise of power,and strengthen social supervision and participate,to achieve further optimization of city legislation.Under the background of the expansion of the legislative subject,the formation of city legislation is the meaning of national governance modernization.Therefore,the optimization of city legislation can not only be limited to the existing power allocation ideas,it must be combined with exercise restraint and stimulating the social energy.Under the premise of the recognition of the significance of expansion,legislative power configuration need to explore the feasibility of further differential decentralization,and establish the principle that city priority to exercise overlapping legislative power,under the condition of functions and responsibility isomorphism.In the exercise of power,we need to enhance the legislative ability in auxiliary way,in order to prevent legislator bureaucratic and power abuse.At the same time,we also need to strengthen the restriction of the exercise of power by the system of examination and explanation.In addition,social aspects need to expand citizen participation and build the evaluation system.The conclusion indicates that,the city legislative power configuration and function settings,which is based on the legislative subject expansion,are an important measure of the legislative system reform in our country.Its intention is to seek legal norms in the country how to achieve a balance between diversity and unity,and hope to explore a feasible path of modernization of national governance.Through the full text argument,this paper draw a conclusion that the theoretical intention of legislative power adjustment has been proved in practice,but it also has development space.Moreover,the optimal allocation of legislative power,the exercise of power constraints and the social supervision will become the next growth point of city legislative.The value of municipal legislation must be paid attention to,and its development needs to be protected.It must be admitted that,over time,this thesis studies still need to be practical,and there are also necessary to further deepen the argument.However,it is also the purport of this paper to maintain a clear understanding and sustained concern in this field.