Research On Division Of The Adjustment Range Of Local Regulations And Rules Of Local Governments

Legislation Law drafted in 2000 has enacted specific provisions on the adjustment range of local regulations and rules of local governments.Among of them,local regulations can be drafted for matters required in light of actual circumstances of jurisdiction for the purpose of implementing superior legislation and matters of local affairs.Rules of local governments can be drafted for matters required for implementing superior legislation and specific administrative matters of the local jurisdiction.But what means drafting for the need of executing superior legislation? What are differences between local affairs and specific administrative matters of the local jurisdiction? It is difficult to find execute conclusions from relevant provisions in Legislation Law drafted in 2000.Legislation Law amended in 2015 remains some original provisions on legislative matters of local regulations and rules of local governments,which did not meet the need of defining their adjustment range deeply from academia and practical circle.Legislation Law amended has expanded the range of local legislative body,and defined the legislative matters of local regulations and rules of local governments of cities or autonomous prefectures as matters on urban construction and management,environmental protection and the historical and cultural protection.It has made difference in special meaning between permit and limit.The range of these matters is so wide to reduce the difference in their adjustment range.Legislation Law amended has enacted other limitation on their adjustment range,especially in the adjustment range of rules of local governments.But these new provisions have existed understanding difficulties,and cannot solve the new problems efficiently.With local legislature body increasing,the problem of unclear division in the adjustment range of local regulations and rules of local governments will become more popular in country,which will increase difficulties in solving problems.Firstly,the thesis will analyze the relation and distinction between local regulations and rules of local governments firstly.Secondly,it will pay legal analysis and empirical research on the status quo of division of the adjustment range between them.Thirdly,it will analyze the rationality and shortage of the current division standard of their adjustment range.Fourthly,it will analyze practical reasons affected their adjustment range and put forward idea of dividing their adjustment range appropriately.Lastly,the thesis will come up with strategies on perfecting the appropriate division of their adjustment range.Chapter1.The connections and differences between local regulations and rules of local governments.The more authoritative opinions have appointed that the meanings of local regulations are regulatory documents which are drafted and issued by legal local organs of state power with statutory authority,and executed in the local jurisdiction,provided that the Constitution,laws or administrative regulations are not contravened.The meanings of rules of local governments are general terms of regulatory documents such as provisions,regulations and rules which are universally applicable in specific administrative matters of the local jurisdiction,and which are drafted by governments of provinces,autonomous regions,municipalities directly under the central government,cities divided into districts or autonomous prefectures according to laws,administrative regulations and local regulations with legal procedures.Their meanings have more differences in comparison with some concepts such as local legislation,administrative legislation,resolutions and decisions of local people's congresses and their standing committees and administrative regulatory documents.The connections between local regulations and rules of local governments include their similar functions of legislation,some areas overlapped in their adjustment range,local regulations are the basis for rules of local governments,and local governments have the power of formulating rules and submitting bills and proposals about local regulations.The differences between local regulations and rules of local governments reflect in legislative subject,context,rulemaking,validity grades of law and ways of legislative supervision.Chapter 2.The status of dividing the adjustment range of local regulations and rules of local governments.The development history of local regulations and rules of local governments reflects the close connection between them.The necessities of dividing their adjustment range exit that they are inevitable demands of perfecting legal system in our country,they can optimize their configurations on limiting local legal resources,and safeguard the lawful rights and interests of citizen,legal person and other organization.The current laws,regulations and rules have made different provisions on the adjustment range of local regulations and rules of local governments,which centralized in relevant provisions of Legislation Law.The division among local regulations,rules of local governments and legislative regulatory documents are related with the division of adjustment range of law,administrative law and the rules of departments.The division among them and quasi-legislative regulatory documents concern the division of adjustment range of administrative regulatory documents and other regulatory documents made by local people's congresses and their standing committees.The present law and rules in our country have made provisions for them.At the part of empirical research on current situation of division of their adjustment range,two samples are selected for research: one sample is based on the status of formulating local regulations and rules of local governments in Beijing;the other sample is analysis on status of choosing to formulate local regulations or rules of local governments for the similar matter,which are based on those legislative provisions for awarding and protecting the people for Samaritan.This chart also analyzed the status of division of their adjustment range after the revision of Legislation Law in 2015.Chapter 3.The current division standard of adjustment range of local regulations and rules of local governments.Before Legislation Law drafted in 2000 has issued,the academics have formed more comprehensive understanding on the division standard of their adjustment range.With the amending of Legislation Law in 2015,these researches become more complete in details.On the local legislation practice in our country,some division standards such as execution according to specific provisions of superior laws,deep influences by different authorities of local people's congresses and their standing committees and local governments,drafting rules of local governments in advance in case of immature legislation conditions.These viewpoints have conformed to the legislative practice in our country,and have played an active role in dividing properly the adjustment range of local regulations and rules of local governments.There are some deficiencies in that the academics are tending to form some static and identifiable division standard.The problems existed in academic research and local legislation practice for a long time have not been solved by effective countermeasures,including some problems such as undistinguishing the meanings of local affairs from specific administrative matters,incomprehensive understanding on Article 82 paragraph 1 and paragraph 6 of Legislation Law amended in 2015.Chapter 4.Practical factors which effecting the division of adjustment range of local regulations and rules of local governments.These factors include limit local legislative space,unwarranted intervention from administrative power,and insufficient effects in supervision.Among them,perfect state legislation and a large of quasi-legislative regulatory documents have squeezed local legislative space,which making the legislative space more limited and reducing the phenomenon of repeat legislation.The alienation of legislative intention by governments and irrational choice by administrative officials can lead improper interference to local legislation by administrative organ.Ethics of legislators from governments can also affect them.The immediate cause for insufficient effects in supervision includes lack of public participation,difficulties in legislature supervision,and lack of judicial review.Chapter 5.Some ideas on the appropriate division of adjustment range of local regulations and rules of local governments.Firstly,the nature of establishment power of rules of local governments should be cleared.The premise of appropriate division of adjustment range of local regulations and rules of local governments is not the local exclusive legislative authority.Secondly,appropriate division of their adjustment range should be based on power of the legislative body.Third,it is best to divide their adjustment range in the current legal system in our country.Lastly,the appropriate division standard should affirm the necessity of rules of local governments meanwhile establish the main role from local people's congresses and their standing committees.Chapter 6.Perfecting the appropriate division of adjustment range of local regulations and rules of local governments.Understanding and implementing fully some provisions in Legislation Law,and perfecting others provisions of administrative law,local regulations and rules of local governments about their adjustment range.Some local methods of legislation should comprehensively be used to expand local legislation space.On the same time,the adjustment range of administrative regulatory documents should be limited strictly.The main role from local people's congresses and their standing committees should be established.Enhance supervision should include perfecting legislative system,expanding public participation and strengthening supervision effects.