The Research On Creative Local Legislation

The local legislation refers to the regional legislative departments actions of constitution, amendment and abolishment, which follow the prescriptions of the Constitution and the national laws, and are based on the characteristics of the local politics, economy and culture. The local legislation which plays an important role in the legislative institutions has a great influence on the local social life. As the most active part of the local legislation, due to its pertinence and the characteristics of the distinctive, the creative local legislation has played an important role in the construction of the legal system with Chinese characteristics. Therefore, it is necessary for us to make some research on the creative local legislation theoretically and practically in order to realize the local economy and society all-round development, and make contribution to the construction of Chinese characteristics of the society ruled by law.The creative local legislation refers that the local organs of state power and the people’s government make rules to fill the gap in laws and regulations and accommodate the individual provision of laws and regulations. The creative local legislation’s form contains not only the local laws and regulations, but also the rules of local government. According to the different legislation chance, it can be divided into the precedent local legislation and the supplementary local legislation. Everything has its existing basis, so do the creative local legislation. This paper will make research on the existence of the creative local legislation from the three aspects which contain factual basis, theoretical basis and legal basis. The development of any legislation system which contains the creative local legislation must experience a tortuous process. With that, this paper takes Shanghai, Guangdong, Shandong and Qinghai as objects of study and adopts empirical research’s method to analyzing the current situation of the creative local legislation. We can not only see that the development of creative local legislation has been achieved many achievements, but also can’t ignore that there is a gap of development of the creative local legislation in different areas. And with legislative speed accelerating, the expansion of the creative local legislation has become an irresistible fact. Every coin has two sides. The expansion of the creative local legislation has some justification on its own, but we also need to pay attention to negative effects of the expansion, which contain the expansion of quantity and content of legislation, conflict of legislation and the unscientific legislation idea.There are several ways to solve the problems existing in the creative local legislation. We can solve the problem by compiling a scientific legislation plan, raising the enthusiasm of the public participation in the process of legislation and improving the legislative supervision system in order to make contribution to China’s construction of democracy and legal system.