Research On The Scope Of Local Legislative Authority In China

This article is based on the provisions of the legal texts on local legislative authority,combined with the previous scholars on the local legislation to further clarify the authority of local legislation.Different from the previous scholars to local legislative power as a whole,to explore the local different legislative forms and between the central power division,this article will further refine the local general legislation body,divided into provincial,large municipal and municipal districts,the legislative authority of different legislative bodies were discussed and the division of authority.In addition to the introduction and the final summary of this article,divided into four chapters,as follows:The first part,the theory of local legislative authority to sort out.Including the meaning of the local legislative power,the meaning of the scope of authority,and analyzes the characteristics of the current local legislation in China,and then puts forward the significance of regulating the scope of local legislation.In addition to the theoretical summary of the scope of local legislation,this chapter also seeks the legal basis for the current legislation of our country and its respective legislative authority,lay the groundwork for the specific discussion of its authority below.The second part,to explore the local legislative authority at all levels.An analysis of the legislative authority at the provincial level,combined with the separate provisions of the legal texts on the central and provincial legislative powers,and to consider the principle that local exercise of legislative power should be followed;The scope of the municipal legislation of the district is analyzed and refined in the disputed legislative matters;For the larger city to explore the "legislative law" before and after the amendment to bring the scope of legislative changes.The third part,through the provisions of the legal text and the scholars on the legislative authority of the province,I found that the provincial legislative authority mainly has the problem of unknown scope and authority;How big cities should deal with the problems brought about by changes in the scope of legislation;In addition to the larger cities outside the city there is the abuse of legislation,the quality of legislation is low and exacerbate the risk of local legislation fragmentation;The overlapping of legislative authority at different levels.The fourth part,I try to put forward the above problems to solve the proposal.For the provincial legislative authority mainly through the distinction between the central legislative authority to define;For the larger city can be appropriate to release their authority and through legal interpretation to be fixed;For the district to be prudent legislation to strengthen the legislative team building,to carry out post-legislation assessment;For the overlap of authority to set up a city to better implement the legislative power of the provincial level is no longer involved,the provincial level is mainly responsible for the district can not solve the need for provincial-level planning of the legislation.