A Study On Legilative Supervision System Of Cities Divided Into Districts In China

In accordance with the law,the city divided into districts was given legislative power is to response to the needs of the development of the local economy and it’s also an inevitable requirement of deepening reform,and promoting the construction of local rule of law.The expansion of the legislative body is in favor of the city divided into districts management according to local conditions,at the same time the challenges and risks that it may bring should not be neglected,so the supervision to the legislative of the city divided into districts becomes very urgent,but now the body,methods and examination standards of legislative supervision system is inadequate.Embodied as the non-professional of the main body of the supervisor.There is no specific provision in the approval process cumbersome and tedious cycle review after processing result;For the record review system in the process of actual operation effect is not optimistic,and unprepared,prepared and not judge,judge is very common without decisions;Legislative review standard is not very clear.Therefore it is necessary to establish and perfect the legislative supervision mechanism of city divided into districts,and improve the quality of local legislation,to safeguard the unity of the legal system.This paper is divided into three parts to discuss:The first part mainly to the city divided into districts of the concept of legislative oversight and the connotation is analyzed.First,the concept of legislative oversight over the city divided into districts is defined,draw a city divided into districts legislation supervision,compared with other levels of legislative supervision exist,such as,legislative supervision main body diversity,legislative supervision object particularity such as numerous,legislation,administration of quality supervision task heavy.In the face of the particularity of legislative oversight in above,the current legislation supervision system of city divided into districts to legislation for effective supervision,so it is imperative to improve the current legislation supervision.The second part mainly analyzes the city divided into districts of legislative supervision system.First of all,in the process of legislative supervision main body analysis found that China’s lack of full-time legislative supervision institutions professional is not strong;the legislative supervision in the process of legislative supervision is lack of public participation.City divided into districts of legislation purview division is not clear,“urban and rural construction and management” and the meaning of “no resistance” is controversial,and needs to be cleared.The lack of clear scrutiny standards makes the legislative supervisory authority incapable of judging the legitimacy and rationality of the legislative documents.The above reasons have led to the legislative supervision of the subject to exercise the right of legislative supervision has been hindered,and the process of legislative supervision tends to be formalized.The third part will make suggestions on the perfection of the legislative supervision system of the city divided into districts,which is the main body of supervision,supervision methods and review standards.Firstly,a full-time legislative oversight body should be set up and it should be set up in the agency under the people’s congress at all levels of legislative power,independent of the standing committee of National People’s Congress at the same level,to ensure the professionalism and independence.Secondly,clear the record contents,procedure and responsibility of not record.Establish provincial and municipal people’s congresses communication and coordination mechanism and make clear of the nature and form of the “approval”.Finally,to clarify the content of the principle of “no resistance”,the examination stranded is divided into legality examination standard and rationality examination standard,established in the rationality review standard tools and "rational" and "value rationality" the double standard of city divided into districts of the rationality of the legislative review.