Research On Risks And Countermeasures Of Legislation Expansion Of Local People's Congress In China

Legislation law of the people's Republic of China, modified in March,2015,endows the cities divided into districts with the power of legislation about urban and rural construction and management, environmental protection, historical and cultural protection,etc. This measure makes the main body of the local legislative increase from 49 to 282. It's never seen such a large extent in releasing legislative power. The expansion of the local legislative power is the realistic need to adapt the governance division between the central and local. It has a very important significance in both meeting the needs of local legislation,and promoting the modernization of national governance systems and governance capacity. However,expansion of power will inevitably lead to abuse of power. Releasing legislative power must cause people to worry or even argue about the system design,especially when the past practices of local legislation still existed some problems. Although Legislation Law provides some restriction mechanism to prevent abuse of power while gave the cities divided into districts with the power of legislation, such as monopolizing the important matter by National People's Congress ans its Standing Committee, establishing the principle of "non contradiction" when laws conflict,and record &examine system,etc. It's not very definite that those institutions will play its due role. As an important part of local legislation,and a large member of the socialist legal system with Chinese characteristics,the expansion of the local legislative power must encounter the same risk as the legislative practice of the "large city", such as the problem of legislating casually,the problem of poor quality of legislation and the problem of conflict of laws. It's an chief and paramount thing to undertake the power of local legislation endowed,if we want to have an positive function with the local legislation,and to make best use of the advantages and bypass the disadvantages, and to realize local governance by good law. Try to build a variety of institutional mechanisms, and solve the potential risks and outstanding issues in local legislation step by step.