Research On Problem Of Decentralization Of The Legislative Authority

In recent two decades, as the development of the democratic and legislative construction of our country, legislative work had gained great achievements. Meanwhile, legislative collisions and non-operative legislation came out to be sharp increasingly; the main reason lies in ambiguous decentralization of authority limit and divergence.Decentralization of legislative authority is the root and core of the legislative system; but decentralization of a country's legislative system and legislative authority, is determined by a series of objective factors such as state system, regime, state structural form, historical traditions, nationality conditions. And the direct and decisive factor is the state form, i.e. the regime and state structural form. Since new China was founded, the decentralization of legislative authority has experiences three historical stage, i.e., from decentralize authority to collect authority, to decentralize authority based on collecting authority, based on constitution of 1982, finally established current authority decentralization system, which is theoretically characterized with "monadic, two classes, three levers, four branches". In 2000, the Legislation Law supplemented and clarified legislative authority decentralization, while still remains to develop and perfect. As the decentralization system of legislative authority increasingly specify and clarify and finalize, the general operation tendency is: longitudinally, legislative authority shall properly decentralize the power and adjust in bi-direction based on reinforcement of central united legislation; horizontally, legislative authority shall concentrate gradually from administrative organs, judicial authorities to organ of state power, unite authorization and restricting authority; interior of legislative organs, legislative functions of People's congress Council shall reinforce, especially legislative supervision functions of National People's Congress and its standing committee shall strengthen.. Besides, from an angle of legislative system integrated perfection, decentralization of legislative authority is closely connected with the real situations of legislative organs and legislative supervision. The configuration reform of legislative organs and legislative supervision system will be helpful for solving the reasonable decentralization of legislative authority and legislative collision. In a word, the decentralization of legislative authority of our country, shall adapt to the national basic conditions and social reality of our country, shall adapt to the requirement of market economy development, shall be in conformity with developing tendency of the economic and political system reform.