Division Of Legislative Purview Research Under The View Of Constitutionalism

Legislative power is an important part of the state power system,also the specialpower in the state power system exercised by the specific state organ. In the operationprocess of legislative power,because of the diversity of legislative body, the scope andlimits of the legislation is different, the legislative compentence and the partition oflegislative compentence arising from it. In the current legislative system of China, thelegislative power configure complexly in many legislative bodies. Coupled with thelegislative interests, legislation disorder, expansion and the declining of the lawauthority should arouse attention.Legislative research under the view of constitutionalism,"decentralization ofauthority" and "limitation of authority" is the logical starting point, to clarify the statepower configuration, to analyse some questions of the legislative division in China’slegislative practice.The main contents and views of this paper:First, clearly define the legislative power and legislative compentence, demonstratethe legislative orientation and the theory of internal control under the constitutional view,analyse the main way of legislative compentence.Second, introduce the idealized models of division of the legislation in theconstitutional perspective, analyse the general theory of the horizontal and verticaldivision of the legislative compentence.Third, use the basic theory of legislative compentence, combine the actual situationin China, analyse the model of the Chinese legislative competence, put forward somerelated problems in the legislative practice.Fourth, according to the practice of Chinese legislative jurisdictioncompartmentalization, we investigated its thoughts regime and measurement togetherfrom combining the general ideas and specific ideas of optimizing the legislative powerconfiguration, then came up with some basic complete assumptions.Shortly, in order to overcome all kinds of penalties in our country’s modernlegislative power configuration and move forward our legislation, we have to deal withthe relationship between country’s structure and legislative jurisdiction limberly underthe guidance of "decentralization of authority" and "limitation of authority". Similarly,make clear every subject’s legislative jurisdiction in the way of legislation or legislative interpretation, restrict the inflation of individual legislative subject jurisdiction,standardize legal reservation and delegate legislation system, reinforce the optimizing oflegislative supervising system. Legislative subjects’activity and balance as central andlocal government, authorities and administrations really matters, which promoteslegislative work towards a healthy and sequential way.