The Risk And Countermeasures Of The Expansion Of Local Legislative Subject

In the development of national legal system,along with the continuous renewal of concept of law,people have gradually rationally and properly relinquished part of the legislative power to the local and expanded local autonomy in order to mobilize the initiative of local governments in promoting economic and social development,instead of fearing local dividing the legislative power from the central government,and the central government exercises legislative power only.It is the inevitable process of social progress and rule of law.On the other hand,our country economy still maintains a high development speed,society is also in an important transitional period,all of these led to many new problems and new challenges.In addition,different areas are different in terms of economic level,geographical environment and cultural customs,and there are differences in the choice and treatment of the method in the process of handling specific affairs.So expanding local legislative subject moderately is a inevitable choice to follow the development of the times and complete the change.Therefore,in 2015,when the legislation law was amended,the city that was divided into districts became local legislative subject that have the right to make local laws and local government regulations on matters such as urban and rural construction and management,environmental protection and historical and cultural protection,which also became a highlight of the new legislation law.The division of legislative power between the central and local governments has always been the focus of national power division.The central and local legislative power of our country has been roughly divided into the separation of powers,concentration of power and the separation of powers again.And the local legislative subjects has increased--narrowed--and increased again with it.The new legislative law has expanded the local legislative subject to all the cities with districts,and realized the delegating the legislative power uniformly.But at the same time,without exception,"one size fits all" type of expansion also may lead to a series of problems,such as city divided into districts' legislative items range is fuzzy,the legislative and administrative organs of the permissions are unknown,institutional setup and personnel ability cannot meet the requirements of formulating the local legal documents alone,etc.Based on this,it is necessary to take a cautious and rational attitude to the expansion of the local legislative subject,finding out the possible risks in time,and take measures to ease and deal with it in advance,so that local legislation and central legislation can play its due role in the construction of national rule of law.For example,in the form of local legislative planning and annual legislative plan,the local work of cities with districts could take the work in an orderly manner,so that local regulations will not be isolated from local development.The National People's Congress and its standing committee should formulate authoritative legal documents timely to clear delineate the terms of local people's congresses and those standing committees and local governments,clarify their respective legislative powers to prevent them from handling the same matters or no legislation blank.Moreover,it is necessary to determine the level of provincial local regulations and municipal local laws and regulations,so as to prevent chaos in judicial application.We should emphasize the leading role of local people's congresses in local legislative activities,prevent the local people's congress standing committee from exercising the power of local people's congresses,as well as the departmental interests and the legalization of local protectionism.Pay more attention to perfect the local legislative body,strengthen the construction of local legislation talents and the legislative technique etc to ensure the number of local legislation and the local lawmaking quality.To amply approval and filing system and the prior review and subsequent supervision shall be combined to prevent the occurrence of overstepping and unconstitutional.Establishing effective legislation evaluation system to realize the maximum benefit of local legislation.