On The Distribution Of Local Legislative Power Of China

Since the local legislative power of China was reconfirmed in1979,the local legislative bodies have been expanding, and the local legislation has been flourishing. While local legislations effectively filled the gaps in our legislations and played an important role in the construction of the legal system, many problems, such as duplicate legislations, ultra vires legislations and conflicts with laws came into our sight. These problems not only led to a waste of legislative resources, but also caused difficulties in the applications of laws.There are many reasons for these problems, and it certainly needs to trace back to the distribution of local legislative power of China. This article will examine the problems of local legislations from the perspective of the distribution of legislative power, providing a possible reference to the practice of how to distribute the local legislative power. In addition to the preface and the conclusion, there are four chapters in this article, its main contents are as follows:The first chapter introduces the history of the distribution of local legislative power since the founding of the People’s Republic of China, and tries to dig out the factors that affect the development of the distribution of local legislative power, and further to point out the problems and characteristics of the development of local legislative power, laying the foundation for the following argument.The second chapter illustrates the legitimacy of local legislative power. There have been many controversies about the local legislative power since its existence. This chapter demonstrates the legitimacy of local legislative power from the point of view of different theories and basic national conditions.The third and the fourth chapter discuss the distribution of the local legislative power from external and internal angles.The third chapter discourses the problems of distribution of legislative power between the central and local authorities, including distribution between the state legislative power and local legislative power, distribution between the central administrative power and local legislative power. The fourth chapter turns to interior of local legislation, explores the problems and shortcomings of distribution of local legislative power, and then points out possible measures to optimize the distribution.