Research On The Expansion Of The Legislative Power Of The Local Government In China After The Amendment Of The Legislative Law

According to know the developing tendency of the modern country under the rule of law, legal rights in a country’s political system occupies a pivotal position, standing legal power disposition not only and to the governance and the property rights as the core of national authority allocation there are inextricably linked, and is still a country under the rule of law construction plays can not be ignored. Under the "legislative law" to modify the background, attention of the legislative power of the local government to expand the, there is no doubt that we for the country’s legal theory research and practice operation has significant boost, and in a certain extent for the smooth realization of the "four overall" strategic layout and effective promotion of great benefit to the overall goal of modernization of national governance systems and governance capacity.The local government’s legislative power is refers to the local government based on the provisions of the Constitution and laws and follow the legal procedures, according to the actual needs of the administrative regions of the specific situation and the social development, in different constitution, law, administrative regulations and local regulations and rules at the same level of the relevant provisions of and spiritual conflicts with the premise, has the formulation in the region within the scope of applicable rules of local governments authority,contains rules and regulations formulated by the provincial government and municipal governments to develop regulations and the difference between the two is effect and scope of application is different, the formerin the provincial administrative divisions within the scope of applicability,which apply only in the municipal administrative range, the effect of the former than the latter. Local government legislation reigning order,effectiveness and applicability on the one hand, the difference in the Standing Committee of the National People’s Congress promulgated the Constitution and laws, formulated by the State Council administrative regulations, on the other hand and don’t to local people’s Congress and its Standing Committee have formulated local regulations.This paper firstly introduces the general situation of the legislative power of the local government in China, and expounds the development process of the local government’s legislative power in our country from the rise to the decline, and then to prosperity. The second part of legislative power of local government in our country expand phenomenon analysis, that the legislative power of the local government to expand has its necessity, and from China’s current political system and the right relations, economic factors and legislative development three aspects carries on the elaboration, pointed out that centralization and decentralization balance of value choice should be a strong central "but also strong local, at the same time, under the market economy of diverse interests need effective adjustment of legal norms, unified market economic rules unable to respond to the demands of multiple interests.The legislative power of the local government expand worthy of recognition, followed by from the legislative power of the local government to expand in the promotion of local government administration according to law, realize the transformation of government functions and enhance the local legalization level may bring benefits. It also analyses the may bring legislation "waste", the quality of legislation,to security, increase the local protectionism, and even a threat to national unification of legal system and other issues, we predict the legislative power of the local government may bring benefits at the same time, more should alert to its negative effects. While the expansion of local government legislative power to promote the development of our society clearly outweigh the disadvantages, therefore, the negative side should be regulated and perfected, the third part is the reflection on improving local government legislation in our country, and put forward a series of targeted measures, the main emphasis on coordination work to strengthen local legislation and other legislative bodies, to prevent the ultra vires legislation, reduce and avoid duplication of legislation, perfecting the legislation of supervision and management system in the legislative process, the local government’s legislative power should not expand indefinitely, should adhere to local government legislation to expand the principle of moderation, and finally strengthen the innovation of legislative system, such as the introduction of legislation, the establishment of local government regulations legislative evaluation system and so on.