A Study On Local Legislation

Local legislation has become an important part of the legislative system in our country,supplementing the deficiencies of the legislation,giving play to the role of the local governance,having a pivotal position and playing a vital role in legislative activities and social life after more than 30-year development.Local legislation has improved a lot on the definition,system and technology problem after "Legislative law" revised."The local organic law" is followed by the corresponding change,which has realistic theoretical meaning and practical meaning under the background of the study of local legislation for all-round three-dimensional.It not only enriches the theory of local legislation,provides direction for the practice,also brings advantages to the subject construction of legislation.The revisement of "legislative law" gives districts legislative power groundbreakingly,which expanses the meaning of the local legislative power.It increases the number of main body both in the rights to exercise the local legislative power,the local legislative power solid ground,no longer floating in mid-air,and perfects the legislation system,enriches the theory foundation of local legislation as well.The status of local legislation in our social life is also improved,with its governance and the democratic value be greater so far.However,even if the legislation law has constantly adapted to the needs of deepening reform and eliminated some of the problems existing in the legislation by summarizing many experience in recent years,there are still many defects.This paper analyzes first on several theory problems of abstract local legislation,locates and combs the legislative authority,legislative process and legislative technology,analyzes the development and deficiency of the theory of local legislation.And then explores the local legislation in the dynamic process by using the method of process and finds some specific problems in the process of local legislation,such as laggard legislative concepts,ignoring the function of legislation theory to local legislation practice,lack of drawing lessons from foreign legislation research idea and experience;loophole in program system,without attention to the system of regulation of legislators,no application of legislative action in violation of provisions of responsibility system,the lack of perfect legislative supervision mechanism;ignoring the legislation technology,lacking of local legislation technology standards,etc.At the same time pay attention to using the method of normative analysis and value analysis,analyze local legislation perfect and deficiency in theory and practice,and make an evaluation and improvement suggestions based on the research of the existing text and existing legislation problems.Faced with these problems and the requirements for deepening reform,we should respond positively,instead of critisizing without reflection."Local legislation from theory to practice,from here to there,fully on track,fully realizing perfect still have a long way to go after all." First of all,we have to recognize that these problems rooted in history cant not be completely improved overnight.The proper methods to improve these problems should be changing the legislative idea,guiding legislative activities based on legislative purpose and basic principle,perfecting legislation system,improving the local lawmaking quality.Secondly,active response to the legislative system defects is also needed.To further embodiments and standardize in vague and flaws in the existing application system where,shall be incorporated in the system of local legislation procedure but missing problem timely regulation in the existing system.Finally,we have to draw lessons from foreign legislative economy analysis and cost benefit analysis method and so on;meanwhile,constantly learning and improving the local lawmaking principle and legislative structure construction technology,improving the local lawmaking quality and efficiency with low-cost legislation are all what we should do.Statement of improving the quality of legislation was added in the general,which obviously indicates that improving the quality of legislation has become an important task in the transition of legislation in our country.Though the local legislation has a certain foundation over a period of time already,its scientific nature and operability problem still worrying.Thus,improving the quality of legislation has become extremely urgent for local legislation.To this end,we are supposed to complete in legislation theory,legislation system and legislation technology constantly,put forward the feasible local legislative suggestions,in order to improve the quality of local legislation,to solve the existing quality defects and other problems in local legislation.