Research On Authorized Legislation Of "First Exercise And First Try"

Since the reform and opening up, China’s economy, society has made great progress and gained a lot of obvious results, but also generated a lot of problems. In order to solve these problems, the state raised a new round of reforms, namely " First Exercise and First Try ". A new round of reforms marked that the reform of our country is moving toward the depth development." First Exercise and First Try ", as a new thing, is causing the attention in the academic field, scholars have made interpretation of this emerging things from a different angle. In the background of the rule of law and building a socialist country under the rule of law, the research of" First Exercise and First Try " from the angle of law is very important, especially from the legislative authorization." First Exercise and First Try ", its essence is that local government can be the first to introduce the relevant rules and regulations in some aspects, conduct in-depth reform on the basis of these laws and regulations. This article focuses on the present authorized legislation situation of" First Exercise and First Try ", with the relevant laws and regulations which the comprehensive reform experimentation area have been promulgated, found the problem and proposed the solution measure, hoping to have some inspiration in regulation authorized legislation of the reform.In this paper, by using the method of literature analysis and empirical analysis, from " First Exercise and First Try " of the concept, connotation and basic problems, by using the comparative analysis method, it summarizes several main forms of the specification file based around the central authority issued and relates to the content, and points out some illegal or unreasonable place, and the paper expounds the influence that those unreasonable or illegal content may bring. Finally, the paper puts forward some ideas for solving these problems. This paper is divided into four parts:The first part is to make analysis on " First Exercise and First Try "of the new term. The main analysis of the " First Exercise and First Try "are the concept, nature and connotation. The first part introduces the origin of "First Exercise and First Try". After different definition introduction which different scholars make, the author puts forward his own understanding of the concept and the nature of "First Exercise and First Try" that this is not a complete authorized legislation, laying a good foundation for further analysis on the connotation of "First Exercise and First Try", the author thinks that it mainly comprises a prior provisions and alternative provisions and makes a deep analysis on these two aspects.The second part is the analysis of status of authorized legislation of the comprehensive reform experimentation area, which mainly bases on the document of the comprehensive reform experimentation area. Current situation is divided into two parts:One is the related elements of authorized legislation, that is comparative analysis of central authority on the comprehensive reform of the experimentation area of the authority subject, the content of authorized legislation, and the authorization form; Two is the analysis of legislation achievement according to the authorization of the comprehensive reform experimentation area, it selects a few representative legislation of experimental area.The third part puts forward some problems in existing authorized legislation of "First Exercise and First Try", these problems stem from a part of the analysis of the status, the main problems are as follows:the content of accredit is too broad and repeated; authorized term is not marked; authorization form is not consistent.etc.The fourth part is the part of measure in this paper, it puts forward some measures to solve the problem, mainly including upgrading authorized subject; refining the content of accredit, explicating authorized period, unifying authorization form, perfecting supervision for authorized legislation of experimentation area, and other measures.To make a long story short, the paper is closely related to the domestic reform. It has very strong practical significance. The paper is on the basis of relevant documents of the establishment of the comprehensive reform experimentation area in the country, it has carried on the thorough analysis, discovered and solved problems, hoping to provide reference for the reform of state.