The Risk And Regulation Of The Expansion Of The Legislative Power In The District-based Cities

On March 15,2015,the Third Session of the 12 th National People's Congress passed the decision on the amendment of the Legislative Law of the People's Republic of China and The Legislative Law of the People's Republic of China(hereinafter referred to as the Legislative Law)has been revised for the first time.The revised Legislative Law has endowed legislative power to all District-based cities,which has aroused people's concern.In fact,after The Local Organization Law of the People's Republic of China(hereinafter referred to as the Local Organization Law)and the Legislative Law endowed the qualifications of the major municipal legislative bodies,other District-based cities were actively applying for becoming larger cities to obtain local legislative power and in the process of local affairs management,the level of local governance can be promoted through the form of normative documents in the formulation of the land.The amendment of the Legislative Law has satisfied the strong demand for local legislative power.However,the Legislative Law endowed legislative power to all District-based cities which could also bring some problems.Firstly,regarding the main body of legislation,the legislative capacity and level of different cities in different regions are different.Before this,there has never been any legislative experience.If internal legislation is not strengthened within the city and the external legislative supervision mechanism is not perfected,there will be many risks;Secondly,the Legislative Law only enumerates the legislative issues of urban and rural construction and management,environmental protection,historical and cultural protection in which the cities can carry out local legislation,which ignores the local legislative practice of the District-based cities.This will bring about the risk of suppression of legislative requirements and it is difficult to truly achieve the purpose of giving the city legislative power in accordance with the law.This article mainly through combing the provisions of the Legislation Law on the legislative power of the District-based cities,and then demonstrating the legitimacy foundation of the legislative power endowed with the District-based cities,and then pointing out the potential risks for the expansion of the Legislative Power in the District-based cities.In the end,the author puts forward the suggestions of improving the legislative ability of the legislative body,perfecting the legislative authority,establishing and perfecting the legislative supervision and guiding the public participation in the legislation,so as to regulate the risks brought by the expansion of the Legislative Power in the District-based cities,and realize the purpose of the Legislation Law to endow the local legislative power of the District-based city.