Research On Legislative Authority Of The Cities With Districts

State structure often affects the country's legislative system,the general unitary central state centralized legislative authority,where there is no local legislative authority;In the federal states,legislative authority is not concentrated in the central government,and is decentralized by central and local government.However,with the development of society,it is not inevitable that the influence of the state structure on the national legislation system.A highly centralized legislative system was practiced in the early days of the founding of the PRC.As a result of a vast territory,numerous nationalities,the different distribution of population and natural resources,among the various parts of the political,economic,cultural,social and other aspects of development is not balanced,central began to decentralize in order to narrow the gaps and cope with the differences.Especially after the reform and opening up,local legislative subject has been expanded in China.Since 2000" Legislation Act "enacted,local legislative subject has expanded to the larger city.Therefore,our country began the trend of decentralization of local legislation.More and more cities began rushed to apply to the State Council for the larger city,in order to get the care of the national policy,obtain legislative authority and better development.However,because of the larger cities approved procedures and qualification has a great arbitrariness,its legislative authority of legitimacy has been questioned.Consequently,in 2015,"Legislation Act" has been revised to give legislative authority to the cities divided into districts,which provides a legal basis for the realization of the city's independent management.The purpose of giving legislative authority to the cities with districts is better to play its positive and active effects,under the unified central leadership.However,it is inevitable that there will be a lot of problems to expand the legislative authority to the cities divided into districts,basing on the local legislative authority.At the request of comprehensively promoting the rule of law,it is the next problem to be solved that ensuring legislative authority to rightly exercise to enact a scientific,democratic,legal local regulations and rules.In this paper,the application of theory,history,comparison and systematic analysis method,besides the introduction and conclusion,there are the five parts to study the legislative authority of the cities with districts.The first part analyses and interprets the connotation of the legislative authority of the cities with districts,by the way of the theoretical and comparative analysis.The second part mainly studies the theoretical basis of the legislative authority of the cities with districts by the way of theoretical,and researches the practical basis by the way of normative analysis and historical analysis,in order to explain necessity and feasibility of the legislative authority of the cities with districts.The third part,through the method of historical and comparative analysis,studies local legislative development process of the unitary state and the federal state and Taiwan region of China,and sums up the general rules of local legislative authority and the local legislative of our cities with districts for reference.The fourth part analyses the main problems of legislative authority of the cities with districts in the exercise process by the way of the system analysis method.The fifth part puts forward some suggestions on the exercise of the legislative authority of the cities with districts,which combines on the general rule of local legislative authority and the problems in the exercise of the legislative authority of our cities with districts.Based on the research of the legislative authority of the cities with districts,in my opinion,the primary problem is solving the problem of legitimacy and constitutionality of granting legislative authority to the city divided into districts.In this paper,our Constitution should clearly divided the legislative authority of central and provincial,in accordance with balance of power doctrine standard,and implement local autonomy.The range of legislative authority of the cities with districts was specifically formulated in the "Legislation Act" or single line that regulates the implementation of local autonomy system.Under the premise of constitutional and legitimate of giving legislative authority to the cities with districts,in order to guarantee its effective implementation,so proposing suggestions to solve those key problems of legislative staff of the cities with districts,legislative technology,legislative procedure,legislative supervision,assessment of legislative quality,and prompt the cities with districts to formulate science,democracy,legal local regulations and local government regulations.