Research On The Expansion And Exercise Of Local Legislative Power In Contemporary China

The legislative power is an important state power both in the federal state and in the monopoly state.For foreign countries,the legislative power is a symbol of national sovereignty and it is indivisible and inviolable.As far as the inside is concerned,the legislative power can also be regarded as a kind of governance power.According to the difference between the subjects who own and exercise legislative power,it can be divided into the central legislative power and the local legislative power.China has a vast territory,this basic national situation determines that there are specific natural environments,historical and cultural environments,and demographic conditions in each place.This determines the information superiority of the local government in legislating on local affairs.On the one hand,the local legislative power can provide more detailed and direct legal support for local economic and social development.On the other hand,since local legislation helps to narrow the gap between the people and the legislation,it is also in line with the basics of democratic legislation.In practice,as the political system moves from "centralized power" to "decentralized power",while the prosperity of the market economy brings diversification of interests,social management gradually turns to social governance,and the driving force for the expansion of local legislative power is even stronger.Since the establishment of China's local legislative power,the trend of expansion has basically taken place,ranging from the number of local legislation to the scope of local legislative bodies and to the scope of legislative issues.However,in practice,due to the imperfect local legislative procedure,the low quality of legislation,the inadequate record review system and the insufficient participation of the public,the effectiveness of local legislative power is greatly reduced.With the establishment of the legislative power of the cities divided into districts,if we do not take measures to deal with the above problems,the issue of local legislative power will become more rampant,which will undermine the credibility of local legislation.On the other hand,the new round of expansion of local legislative power is essentially another change in the vertical configuration of the legislative power of the central and local governments,the "Legislation Law" has made the new power allocation fixed by law,it provides an opportunity to promote the process of rule of law between the central and the local governments.The study on the exercise of the local legislative power not only needs to be based on the texts such as the Constitution,the Legislation Law and the Supervision Law,but also needs to pay attention to the practice of the local legislation and find out the existing problems.In the process of analyzing the collected legislative texts of some places,this article thinks that the problems that are more concentrated and prominent nowadays are the phenomenon of legislative convergence,the abuse of local legislative power,and the defects of the record review system and the problems in operation also affect the effectiveness of the exercise of local legislative power.In addition,the lack of public participation affects the function of local legislative power in enhancing the capacity of local social autonomy.In order to better meet the challenges posed by the expansion of the local legislative power,the body of local legislative power needs to construct the corresponding acceptance mechanism based on the goal of "exerting local initiative and promoting the modernization of local governance under the premise of unifying the legal system".Specifically,the acceptance mechanism for the expansion of local legislative power should at least solve the necessity of local legislation,the legitimacy of the exercise of local legislative power,and the democracy of local legislation.In combination with the problems existing in the practice of local legislation,the acceptance mechanism should include the improvement of the record review system,enhancing local legislative features,promoting the return of local people's congresses' functions and improvement of public participation.The expansion of the local legislative power is the result of the changes in the social and economic environment and historical conditions,as well as an important symbol of the change and transformation of the relation between the central and the local governments in our country.In the exercise of local legislative power,the central government and local governments are in a certain range of dynamic game process.As our country changes from a "managed society" to an "autonomous society," the central power system has weakened in the mobilization and control of the entire society to a certain degree,the central and local governments will shift to interdependent relations.The central "centralization of authority" legislation and local "decentralization" legislation complement each other is the inevitable choice of regulating the relationship between the central and local governments.