Study On The Issue Of Exercising Local Legislative Power In Districts And Cities

Legislative power is the power of the state, how it be deployed between the central authority and the local authority should also be one of the priorities of our reform, "The Legislative Law" is modified to deal with this problem. In response to the local legislative requirements of the 284 municipal districts, the Municipal People's Congress and its Standing Committee, as the local legislature bodies, will play a place of initiative and enthusiasm to ensure the China's policy of ruling the country according to law carry out and clear their own legislative matters. However,there are many problems in the practice of legislation, such as "The Legislative Law"article 72 provides that the authority is not enough clear and specific. Giving the all local districts the local legislative power is the inevitable requirement of social development and also is a necessary way to promote local economic development,solve social contradictions and make up for the lack of central legislation. At this stage, giving the all local districts the local legislative power is very positive, and it will bring some negative effects, such as repeated legislation, lack of legislative capacity and the possibility of local protectionism. For these problems,we have to play its advantages to avoid its negative impact. Based on the problems encountered in the implement process of the local legislative power, this paper puts forward the proposal of perfecting the local legislative power of the cities, that is, the scientific deploy of local legislative power, strengthening the construction of legislative capacity and the effective supervision of local legislation and thus to ensure the realization of the original intention that the central power gives the all cities local legislative power.