The Relationship Between Central And Local Legislation Under The Rule Of Law

In a country under the rule of law or rule of law for the pursuit of countries, legislation can be viewed as the logic starting point to establish the relationship between the central and local. This is because on the one hand, the principle of rule of law requires configuration and operation of state power according to law and rule of law, legislation is to generate the most basic or even the only way. This establishes the legislative power in the national power system starting point position. Thus, clarify the central and local legislative power between the central and local relations is to establish the basic requirements, and because of the central and local legislation is the most important source of power in the exercise of other rules, and makes legislative relations and other relations than its prerequisite status. On the other hand, the modern democracy is more to practice with a representative model, and in most countries or regions of the representative institutions are often also the legislature. Some jurists and politicians think other power from legislative sovereignty. Therefore, in the modern democratic country or to democracy as the pursuit of the countries, the legislative power is in the first place in the national power system. The special status of legislative power between the central government and the local configuration and operation can not change the legislative power, so they can be regarded as the logical starting point to establish the relationship between the legislation of modern democratic countries the relationship between central and local government.More than 30 years, in order to meet the practical needs of the reform of economic system and the development of society, the legislation of China’s central local relations in the continuous reform and deep. With the implementation of the legislation law and other special laws, China’s central and local legislative relationship has initially realize the institutionalization and standardization. But still faces some obstacles and difficulties, such as the weakening of the central legislative power, administrative and judicial, many problems of the legislative power of the local lead nationalism, protectionism, formalism.The convening of the eighteen session of the third plenary session, the eighteen session of the Fourth Plenary Session of the third round, leading the judicial reform, including improving the legislative system is an important content, this is the Party Central Committee from the overall goal of the law system, the construction of socialism with Chinese characteristics socialist country under the rule of law of requirements is an important system construction put forward has been formed in the socialist legal system with Chinese characteristics in the new historical starting point, to form a complete system of laws and regulations, strengthen and improve legislative work, improve the quality of legislation, legislation, legislative adhere to play a role in leading and promoting, comprehensively promote the rule of law, of great significance.This article from the concept and characteristics of central legislation and local legislation embarks, elaborates the connotation of the relationship between central and local legislation, namely how between the central and local legislative authority and legislative matters division. A centralization of state power, decentralization, feminist theory are three main forms of the central and local legislative relations. Behind every form of theory has its theoretical origin.A federal system and unitary system of two main structural forms of world countries nowadays, and unitary state and federal countries of central and local legislative relationship patterns are not the same. A unitary state tend to totalitarianism, federal countries tend to decentralization. The relationship between the central and local legislation mode of our country since the founding of the PRC has changed several times, now form the "gradient decentralization" pattern, which is based around the attention on the difference, step by step, non balanced, underground discharge of legislative power suit one’s measures to local conditions. This pattern is jointly determined by many laws of.In the background of the rule of law and a new round of judicial reform, to play a role in leading and promoting the legislation, strengthen and improve legislative work, scientific legislation, improve the quality of legislation. To two as a breach, determine the central governance attributes of judicial power, improve the legislation of the relationship between central and local governments, which can properly solve the local to the central legislative conflict problems this will be very beneficial to the overall development of the relationship between central and local governments, and has important significance in the development of Secondly, the method of strengthening and improving legislation can create a Good system, this can provide a stable environment for the development of sustainable,as economic development,can also lay the foundation for democracy. Therefore, the processing and improvement of legislating of the relationship between the central and local legislative,a good development for the relationship between central and local governments,so as to construct a central authority: unity, democracy and local high power system is an important issue in our current urgent need to study.