The Research On The Local Legislative Body

Corresponded to the central legislation,local legislation refers to the legislation issued by the authority of the local legislature,aiming for executing the central legislation and normalizing the local special affairs in the time and space of the local area.Our country has a vast territory,a large population,and complex conditions,which makes the local legislation play an important role in the national legislation system.As a unitary state of our country,centyalization of authority becomes a typical characteristic.However,the existance of local legislative power still has its legitimacy under the background of a unitary state of our country.From the point of view of external factors,the local legislation is a necessity to maintain the local authigenic spontaneous orders and express the local knowledge;while from the point of view of internal factors,the local legislation can compensate "purpose aperture" and "expression aperture" in the central legislation in order to operate and implement the central legislation better.All legislative activities are related to local legislative bodies.As an important content and component in the relationships between central and local governments,the relationship between the central and local legislative authorities takes the most important,direct and nuclera place in the one-core,two-stage and multi-level legislative system of our country.To research and remodel the relationship between the above two and explore the path of realizing the benign interaction between the central and local legislation makes it most significant for safeguarding the national legal system,fully mobilizing the positivity of two and enhancing national governance system and the level of governance capacity modernization.Therefore,on the basis of analyzing the relationship between the central and local legislative authorities and checkout the operation of the current situation by empirical examination,it is necessary to put forward some basic principles and paths on the purpose of remodeling a benign and interactive relationship between the above two.From the function theory,local Party committee,local people's congress,local government,Local Political Consultative Conference and the public may constitute the main body of local legislation.A number of legislative bodies cooperate with each other in the legislative process,and exercise the different responsibilities.Specifically,local people's congress play a role of rules maker in local legislation,namely,obeying the Constitution,the law,the administrative rule,and according to the specific conditions and actual needs of their respective administrative areas to formulate local regulation.Local Party committee plays the role of "decision maker" in local legislation.The fourth Plenary Session of the 18 th CPC Central Committee pointed out that complete the working mechanism and procedures of the party to ensure that the party of managing state affairs according to law,promote unified leadership,unified deployment,coordination of governing the country according to law and improve the decision-making mechanism of the Party committee according to law,which is the new path put forward by the party about strengthening leadership in building the rule of law in the new period,and it also points out the way forward for carrying out the party's leadership,including the rule of law process and various aspects.In particular,the local Party committee lead legislative work,mainly reflected in the three aspects: legislative decision-making,the leadership of the legislation and post legislative leadership.In addition,in the local legislation,the local government plays the role of " sponsor " and " mandate-holders ",and local CPPCC and the public play the role of "participant" and "compliant".From an empirical point of view to examine the status of the operation of the local legislative process,we can acquire some ideas of perfecting the subject system of local legislation in our country.The legislative process of local legislation can be divided into three stages: the legislative preparation stage,the stage from the proposal to the law and the stage of legislative perfection.The preparatory stage of legislation is to provide or create conditions for the activities of the legislative,and it's the final result directly to enter the next stage and service to the legislative process of the operation.Therefore,it is an integral part of the legislative process,thus taking great importance.From a practical point of view,in the preparatory stage of legislation,the local legislative body exercises legislative power with relative autonomy.The stage from proposal to law means the legislative stage of the series of formal legislative activities,which are made by the proposal to the publication of the law.From a practical point of view,in this stage of legislation,the legislative body shows the following characteristics while exercising power: local Party committee rarely involves in this stage directly;local government's high rate of proposal has impact on local People's Congress dominating legislature;the quality of the case considered by Local people's Congress remains some limitations;the phenomenon of uneven cold and heat of other subject participants exists in this stage.The legislation consummation stage mainly includes the law revision,the abolition,the explanation and so on.The functional performances of the local legislative body are expressed at this stage as follows: local government has great influence on starting the process of amending and abolishing the regulations;local people's congress of regulations cleaning start timeliness needs to be improved;some differences exist on the use of active degree of power of law interpretation between local people's Congress and local government;supporting regulatory documents are off balance when formulated.To improve the system of local legislation,firstly,it needs to locate the power of local legislative body scientifically and rationally to realize the benign interaction of local legislation.Secondly,it needs to balance the conflict of interests between local legislative bodies and establish and improve the rules for solving the conflict of local interests,which requires to perfect the rules which regulate legislative games and final judgements.Finally,it needs to construct a new thinking of legislation,on which local bodies centralize forces: perfect the mechanism of Party's leadership in the legislative work,establish and improve the leading function of local people's congresses in the local legislation,realize the assistant function of local government in the legislation,explore the negotiation mechanism of the CPPCC members and people from all walks of all circles in the legislation and widen ways for public to participate in the legislation orderly.