An Empirical Study On Implementary Local Legislation

Implementary local legislation is a type of local legislation, which is formulatedby the article64of “The Law on Legislation of the People’s Republic of China”, witha view to implement the provisions of laws or administrative regulations. There aresome problems, such as plagiarism and conflict, in this type of legislation, but thescholars don’t research it very well. Especially, there is lack of research on the wholesituation of the legislation and the justice, which is necessary to be comprehensivelyobserved.The problem, what is “implementary local legislation”, can’t be solved only bydefinition, but in the practice of legislation, which is founded through the analysis onthe relative concepts and the constituents of implementary local legislation. In orderto represent the comprehensive situation of this type of legislation, the untypicalimlementary local regulations should be analyzed, as well as the typical ones.There is a trend that implementary local legislation, along with local legislation,increases first and then decreases. Implementary local legislation is distributed ineach area of legislation, especially in the area of the Social, in which it grows out ofnothing. There are some types of characteristic provisions, including detailedprovisions, supplementary provisions and extended provisions.Implementary local legislation has a certain effect on the justice, adjunctively orsubstantially. The implementary local regulations, consistent with the specificconditions of their respective administrative areas, have the priority in court.However, there are some problems, such as poor quality and inaction, inimplementary local legislation.“The Law on Legislation” and relative localregulations should be improved to promote the course of the rule of law, asimplementary local legislation still has the strong vitality.