Study On The Legislative Power Of The District

The legislative power in finally established in the dispute.In March 2015,deliberated and adopted at the 12th session of the National People's Congress(NPC)three meetings of the legislative amendment,specify the local legislative power expanded to all districts of the city.The author in this article first discusses the given place in the rationality of the legislative power and the necessity,from its constitutional basis and the legislative law basis and the reality needs three aspects prove this major initiatives is a constitutional,legal and reasonable.It for the development of market economy,give full play to the enthusiasm,the government effective management of social affairs and promote the legislative democratization process has an important positive role.After introducing the necessity,the author will focus more on the legislative power in the implementation and application.If the establishment of a new law is not reasonable and efficient,it will not only bring the desired social benefits,but also cause serious negative impact,the consequence is unimaginable.In full given local legislative power in practice,if the provisions of the scope of authority,system design is unreasonable,the control of the legislative process is not appropriate,of the division between the municipal and government is not clear,the local legislative power delegation will eventually backfire.On divided into districts of the city,the author first from transverse legislative authority to study,to the "urban and rural construction and management,environmental protection,historical and cultural protection" these three items,will not lead to repeated legislation,undermine the premise of the unification of legal system,can be in the range of possible for general understanding,the provisions of the "such as" the word understood as limited thereof,etc.,limit it to "urban and rural planning,infrastructure construction,municipal administration," three aspects.Then summarizes the city divided into districts from the longitudinal local rules and regulations can and prohibited provisions of the matters,and seek a balance between central and local legislation.By using the principle to the province in a city with districts legislation purview division,realize legislation from should be in as far as possible to help.Through perfect the work mechanism of examination and approval and for the record review system,gradually in the future will be put on record entry instead of approval system to control districts of the city's legislative process.In addition,for the remaining problem is the market of local regulations,the author of on the legislative plan and submit to review but has not passed,has already passed but have not yet ratified,has been approved by the local rules and regulations shall be discussed respectively,and points out that should be clear the original organ of the broader market local rules and regulations formulated,in full legislative regulations when a change is needed in the future,which includes the right to make changes in the laws and regulations and the right to abolish.And the original is the market overspray formulated by the local government regulations,the government at a higher level and the National People's Congress at the corresponding level shall enjoy the right of revocation,from "urban and rural construction and management,environmental protection,historical and cultural protection authority limits.Finally,the author by comparing the difference between the local laws and regulations,it is concluded that local regulations legislation range more broadly than rules this conclusion,and try to induce the sharing of both range and mutual exclusion,pointed out that the management of both in the local affairs the importance of good reasonable definition of the scope of their respective jurisdiction.By analysis and research on above problems,the writer hopes the local legislative power expansion to maximize the interests of the.