A Study On The Decentralization Model Of Central And Local Legislation

Legislative power of the central government and local government is the core of the relationship between the both. We can say, in the modern countries under the rule of law, the central and local legislative power relations is the first step of realizing national longitudinal division and the external form. In nature, the central legislative provisions the national basic legislative system and the radical principle, the main aspect and the macroscopic framework; local legislation is based on the actual situation of the regions, which only limits their respective administrative areas. In essence, the central legislation and local legislation are based on their will and interests, which always seek the balance. Separation of central and local legislation, centralization and decentralization is the main content of sovereign state legislative power and the legislative structure within the relationship. In this paper, to study the central and local legislation decentralized mode, the author chooses the constitutions of America 35 countries as samples, discusses five kinds of mode, and expounds the five kinds of mode to their respective advantages and disadvantages. And in the last part, we point out the current situation of the relationship between central and local legislation of our country, put forward some suggestions to the reform of the relationship between the central government and local government under the rule of law.The main contents and views of this paper:First, on the basis of the sovereignty and decentralization of local legislation, debate, distinguish the concept of sovereignty with the concept of legislative power, combed the local legislation and theoretical contexts of the separation of powers, and has carried on the outline to the function of decentralization of authority. On the essence connotation of the central legislation and local legislation, elaborated the essential meaning of the central legislation and local legislation and its status in the legislation of the system structure. Continues to the essence connotation discussion, the constitutional value of central and local legislative decentralization is analyzed, points out that the separation of central and local legislation on the cause of national constitutional significance.Second, concerned on the constitution texts of American 35 countries, this paper generalizes five kinds of mode about the central and local legislative decentralization, and explains the advantages and disadvantages of these five models.Third, based on the analysis of factors influencing the American legislation decentralized mode’s choice, there are two main factors that are natural factors and social factors. Social factors include political environment, economic surroundings, the ethnic composition and historical and cultural traditions, and expatiates on the basis of the condition of the 35 countries of America. And, we choose Democracy Index and Human Development Index as the perspective to cut in, measure the effects of the five legislative modes in America.Forth, in the last part, it introduces the current situation and main problems of the decentralization of central and local legislative power in our country. Taking the advanced experience of decentralized model of legislation in 35 countries, put forward some thinking and tentative ideas to the reform of the relationship between central and local legislative power in our country.In short, relationship between central and local legislative power is an important part of the country under the rule of law process, is the problems and difficulties that social development must solve. Promoting the rule of law in an all-round way, we should not only based on our special situation, but also look around the world, actively learn from the advanced experience and draw lessons, promote the proceeding of the rule of law relationship between central and local legislation.