On The Content Correlation Of Between The Upper And Lower Law About Mineral Resources By Empirical Research Methods

With the development of comprehensive rule of law and the growth of local legislative body,local legislation in China is now entering into a new era. The number of local legislative documents will increase fast.The problem in local legislation also will emerge.Solving the problem in local legislation and enhancing the quality of local legislation is becoming a urgent priority.According to the law,the central and local legislation constitute the legislative system in China.The power of local legislation is subordinate to the power of central legislation.The central legislation mainly includes law,administrative regulations and ministry regulations.The local legislation mainly includes local regulations and local government regulations.With the large number of local legislative body and huge impact of it,the local legislation is becoming more and more important in the legislative system.There are much repeat,including total repeat and detailed repeat.There are many ways of exsitence of content difference between the local and upper law,including blank difference, detailed difference,supplementary difference and changed difference.Above repeatability and difference reflect that there are many problems in local lagislation like contradiction with the upper law,lack of local character and weak operability.There are some reasons for these problems in cluding unclear legislative authority,defective legislative procedure,weak legislation supervision and uncapable legislation team.To solve these problems,we must define the power of local legislation,perfect the procedure of local legislation,strengthen the supervision of local legislation,attach importance to the training of local legislation team.The local legislation is an important and complicated project and the nation should give adequate concern and attention.