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Research On The Scope Of City Legislative Permission Of Districts

Posted on:2019-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:T W XueFull Text:PDF
GTID:2416330545478615Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The decision of the Fourth Plenary Session of the 18 th CPC Central Committee in October 2014 adopted the decision on the issue of governing the country according to law.In this decision,it states: "The authority and scope of local legislation shall be clarified,and the municipal district-based municipal legislative power shall be granted according to law." Subsequently,the Third Session of t he Twelfth National People's Congress passed a decision on amending the "Law of Legislation." The amended "Law of Legislation" further clarified the jurisdiction of our country's local legislative power.It has the power to formulate local regulations of t he municipal authority and the power of the municipal people's government of the districts to formulate government regulations,and The scope of the specific matters of the legislation makes provision.“The people's congresses and their standing committees in the cities of the prefecture-level cities may,in light of the specific conditions and actual needs of the city,contravene different constitutions,laws,administrative regulations,and the local regulations of the province and autonomous region,and Issues related to management,environmental protection,historical and cultural protection,etc.establish local regulations." This indicates that the development of local legislation in C hina has entered a new stage.This article through the existing laws and regulations,the jurisdiction of the jurisdiction of the city to establish the district to discuss,in order to clearly define the city's legislative jurisdiction.This article mainly includes three parts: The first part of this paper is an overview o f the legislative power and legislative authority of the city in which the district is located.It mainly includes the relevant concepts,historical evolution,theoretical basis of the municipal legislative power of the district,and the significance of the legislative power conferred by the municipal district.The concept of municipal legislative authority and the division of legislative authority.In the second part,the current law stipulates the city's legislative authority in the district,and analyzes the problems existing in the district's legislative authority,which mainly includes the problems existing in the legislative authority of the city's three types of districts.The larger cities exceed the three types of issues.Problems of legislative aut hority outside the scope,the overlapping of the municipal and provincial legislative powers in the district,and the division of the internal legislative powers in the district-based cities,such as the division of authority between the People's Congress and the Standing Committee of the National People's Congress and local regulations and rules.The third part,based on the existing laws and regulations,defines the city's legislative authority and makes it explicit.
Keywords/Search Tags:City with districts, legislative power, authority range, auxiliary principle
PDF Full Text Request
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