The Problems Of The Implementation Of The Principle Of None Inconsistency Of Local Legislation And Countermeasures

The unconflict principle of local legislation is a basic principle in local legislation and is inevitable requirements and concrete manifestation of local legislation in the unity principle of the socialism legal system.The unconflict principle of local legislation played an important role in practice., of local legislation in China However, the law does not provide a clear framework about the unconflict principle of local legislation. For the legislature has yet to be made legislative interpretation on the conception of this principle, the effect is lead to that there are a variety of different interpretations and understanding, but also affects the local legislative practice in implementation. On the one hand, the unity of the national legal system is undermined.by some local arbitrary interpretation of the upper law or to arbitrary enlarge the authority and scope of local legislation or competing breakthroughs in the upper law, On the other hand, the local is the utmost limit of legislation, local legislation to show a conservative and passive tendencies, its role has not been fully realized.That central and local legislative authority is not clear is the main factors in practice of the unconflict principle of local legislation The exclusive legislative matters of National People’s Congress and its Standing Committee is not clear, and it is difficult to understand. The Central legislative authority is too broad to limit it’s arbitrary restrict and infringe of local legislative power. The power is unclear between the central legislatures, which lead to the main conflict of central legislative and without direction local legislation. There’s no clear distinction between Department regulations and local legislation regulating matters, which has a great impact on the local legislation. The legislative authority is so unclear division that local legislation is always at the dilemma of not to do or ultra to do. In addition, some factors is important to the unconflict principle of local legislation in practice. such as the local interests demands and local protectionism、the central legislation lagging for local legislation needs,、the absence of monitor functions of central legislative、the inadequate supply of the local legislative resources and the absence of central legislative guidanceTo implement of the unconflict principle of local legislation, it is need to further clarify the division of central and local legislative authority, specifically the range of the exclusive legislative power matters of National People’s Congress and its Standing Committee, and clear definition of local legislative authority. To implement of the unconflict principle of local legislation, it is need to improve and reform the supervision mechanism of local legislation, and provide a clear legislative oversight procedures and the necessary legislative oversight responsibilities It is also need to improve the cleaning system of local laws and regulations, and to clear the responsibilities, so that the filing system of local laws and regulations can play the supervisory role to strengthen pre-cleaning.