On The Local Legislation

Regional Legislation refers to the regional legislative department's actions of constitution, amendment and abolishment, which follow the prescriptions of the Constitution and the national laws, and are based on the characteristics of the local politics, economy and culture. Having combined some related national laws and regulations with some regional legislation experiences, this article has some theoretical researches and a close study on several important problems, such as the scientific orientation of the regional legislation, principles of the regional legislation, items of the regional legislation, etc.Regional Legislation is an action, according to the purview prescribed by the laws, conducted by special national departments, and a political power of great importance as well. This power is different in different countries, and different in the different periods within a country. Following are the main functions and effects of Regional Legislation: 1 the function of subdivision, i.e. Regional Legislation helps subdivide the fundamental regulations of the Constitution and the laws; 2 the function of complementarity, i.e. Regional Legislation is complemental to national legislation; 3 the function of innovation, i.e. Regional Legislation can be regarded asexperimentation to set up new social rules; 4 the function of particular adjustment, i.e. Regional Legislation needs to flexibly adjust to special relationships of the local society; 5 the function of power-control, i.e. Regional Legislation should provide legal guarantee and restriction for the regular running of the national departments.Besides following Constitution Conformation Principle, Laws Unification Principle, Democracy Principle and Scientism Principle, Regional Legislation must adhere to the principles of being rooted in the local situations, of sharpening the local features, of bringing into play the self-determination of regional legislation and the moderation principle. Being rooted in the local situations is the basic demand for regional legislation to fit the objective conditions, and is the practical embodiment of the application of Scientism Principle in regional legislation. Sharpening the local features is tightly linked to the principle of being rooted in the local situations, which is put forward on the basis of the fact that our country has expansive land and multitudinous nationalities. Bringing into play the self-determination of regional legislation is a principle to arouse the full activeness of both the center and the regions, to accelerate the development of the regional economy, to quicken the legislative construction of democratic socialism. The moderation principleconcretely embodies scientific legislation, which essentially demands the main body of legislation should exert its legislative scientifically and objectively, to guarantee the aim and the spirit of regional legislation being conformed to nomocracy .Putting forward the items of legislation is the key to ensure the realization of legislation aims. To solve the existing problems in legislation items, this article offers some corresponding measures. At the same time, in order to ensure the drafting quality of the legislation, to improve regional legislation level, some resolutions to the problems in legislation drafting can be find in this article, too.Perfection of regional legislation refers to the legislative actions done to further scientize the regional rules and the governmental regulations, to better indicate the legislation aims and to adapt to the continuously changing new situations, after the regional rules and the governmental regulations are publicized in operation. This article focuses mainly on the researches into the feasible ways in legislation perfection, moreover, taking into account of the practice of the regional legislation, brings forth the countermeasures to existing problems.