Research On Implementary Local Legislationan

Local legislation, with its momentous effects on local social living in China, plays an important role in the legislative system. Its quality is of dual significance because most of the local laws are drafted for the execution of the laws and administrative regulations at a higher level, including those made by the central government and NPC. In practice, the poor quality of local legislative results from the undefined background, the ambiguous pertinence, the poor legislative art, and the incomplete procedure. Generally, local legislation is studied as a whole, while special research is rare on such local legislation focusing on the execution of the laws and administrative regulations at a higher level (hereafter called implementary local legislation), which makes it urgent to perform such researches from the perspectives of theory and practice.In this thesis, the local legislation will be defined, and then classified, by which implementary local legislation will be described. Then we will proceed to some basic theoretical problems such as the functions of implementary local legislation, its higher legal files, the background under which it should be drafted, and its form. Based on the enforcement regulations of land laws in every province, the problems on the practice of implementary local legislative will be revealed. Finally, some measures to improve the implementary local legislation will be brought up.