The Governing Logic Of Local Legislation In China

Due to the unbalanced economic and social development of big countries,the unified institutional supply of countries is difficult to take into account the differentiated governance situation of different places.Therefore,the differentiated institutional supply based on the governance practices of different places has become an important form to realize the effective governance of big countries.In essence,the difference of local governance needs determines the necessity of differentiated local governance and the non-equality of local institutional supply.Therefore,it is difficult to effectively adapt the local governance practice to the equal institutional supply that ignores the different status of local governance,while the different institutional supply plays an important role in the local institutional supply because it fully fits the needs of local governance.As an important form of differential institutional supply in China's national governance,local legislation follows the institutional logic of China's national governance.As the supply of different institutions,local legislation can not only seek the normative resources most suitable for local governance practice and order demands,but also achieve the overall effectiveness of national governance on the basis of reducing governance risks.It should be noted that adhering to the principle of unification of socialist legal system is the basic premise for promoting local legislation.The specific research will be carried out in three parts: introduction,text and conclusion.In the introduction part,the significance of topic selection,literature review,research methods and writing ideas are comprehensively discussed.From a retrospective perspective,the research context and focus of local legislation in academic circles since the founding of new China are sorted out,and then it is pointed out that local legislation has always been based on the effectiveness and legitimacy of governance.At the same time,through the construction of the framework of "differentiated Local Governance-differentiated institutional supply",we can explore the internal governance logic of China's local legislation as a whole.The first chapter mainly discusses the basic relationship between local legislation and national governance.Generally speaking,national governance shapes local legislation,and local legislation helps national governance.As far as national governance shapes local legislation is concerned,the rule of law is the basic system to promote the modernization of national governance system and governance capacity,and the continuous improvement of local legislation is an important part of comprehensively promoting the rule of law.Therefore,the improvement of local legislation is the due meaning of realizing the modernization of national governance.As far as local legislation helps national governance is concerned,whether the modernization of national governance can be realized depends largely on the effectiveness of national governance.Local legislation can effectively overcome the institutional dilemma of the central government exercising legislative power uniformly,and formulate institutional norms that reflect local conditions according to the stages,levels and orientation of local economic and social development,In order to effectively respond to the Governance Dilemma in the development of modern countries.Therefore,local legislation accords with the logic of the effectiveness of national governance.The second chapter mainly discusses the differentiated local governance as the practice of national governance.Adhering to the unitary state structure is the premise and foundation of promoting differentiated local governance.The social basis of differentiation determines that it is difficult for big countries to implement equal governance over local areas,so the differentiation of local governance constitutes an important part of national governance.The validity of the law as an external institutional norm largely depends on its agreement with the internal institutional norm,while the imbalance of economic and social development determines the differences of the internal institutional norms in different places.Therefore,the supply of legal system at the local level must take into account the differentiated regional situation and order demands Unbalanced economic base and material desire as well as different cultural psychology and value expectation.It can be said that to achieve the effectiveness of national governance in a big country with cultural diversity and normative diversity,it is necessary to leave the necessary institutional space for the diversity of governance resources,which is the practical pursuit of differentiated local governance.The third chapter mainly discusses the local legislation as the difference system supply.Differentiated local governance provides governance basis for differentiated institutional supply.Differentiated local legislation must adhere to the principle of socialist legal unity,and its legislative pursuit is the effectiveness of local governance.Due to the restriction of internal system norms,there is a trend of dissimilation in the aspects of system demand and order expectation,which can be accommodated by modern rule of law.To emphasize the unification of national legal system does not mean to use the unified legal norms at the central level to adjust the governance order of big countries,but to follow the practical and realistic system supply strategy and provide effective system supply on the basis of respecting the local differentiated governance order.To maintain a unified system in the legislative field does not mean to provide equal governance rules in the field of big country governance.Differentiated local legislation can fully transform local information advantages and governance efficiency,and finally realize the overall optimization of national governance efficiency through the partial maximization of governance efficiency.The fourth chapter mainly discusses the legislative practice of differentiated local governance.Therefore,it is necessary to correctly handle the relationship between the central and local governments in order to improve the overall governance efficiency of modern countries.The rational allocation of central and local legislative power is an institutional arrangement based on the overall optimization of national governance efficiency.Its basic direction is to inject the gene of flexible decentralization into the rigid centralization system,so as to solve the structural problems of big country governance in the field of legislation.As the legislative practice of differentiated local governance,local legislation should play a good role in system supply on the basis of following the law of national governance.However,in the practice of differentiated local legislation,conflicts,incompatibility and invalid supply restrict the effectiveness and legitimacy of the system supply of local legislation in national governance to a certain extent,so it is necessary to take local legislation seriously.The fifth chapter mainly discusses the institutional guarantee of differentiated local legislation,such as conflict judgment,post legislation evaluation and constitutional review.As far as the judgment of local legislative conflict is concerned,the difference of legislative mode directly determines the difference of legislative authority,and the difference of legislative authority directly affects the choice and judgment of the object of conflict,and finally shapes the standardized design of the conflict judgment process of executive,creative and prior legislative mode.As far as the post legislative evaluation is concerned,in order to fully integrate the institutional advantages of various evaluation models,we can build a multi-dimensional and compound evaluation model that covers the participation of the supervision organ,the formulation organ,the executive organ,the third-party organization and ordinary citizens,so as to expand the cognitive limit of the evaluation subject as a whole,To ensure the effective operation of the evaluation practice,the consistency of the evaluation process and the composite application of the evaluation methods are promoted.As far as the constitutional review of local legislation is concerned,it is a necessary practice to bring local legislation into the scope of normative review of constitutional review to realize the modernization of national governance system and governance capacity.The system construction of constitutional review of local legislation can be based on the record review procedure,and on the basis of realizing the central local connection of the review system,the operation procedure and inspection content can be discussed.The conclusion points out that the logic of national governance shapes the logic of local legislation,and the practice of national governance determines the practice of local legislation.For the governance of big countries,the equal institutional supply can not meet the differentiated governance needs of different governance units,nor can it take into account the diversified normative resources of different order forms,while the differential institutional supply can fully explore the local governance resources in multiple governance fields.Therefore,local legislation must fully respect the empirical life order,and take the unique local social and cultural psychology and internal institutional norms as the important basis of legislation,so as to realize the institutional balance of local governance norms and the effective operation of national governance order on the basis of fully integrating the resources of self-discipline norms and heteronomy norms.