Discussion On Legislative Accommodating Power In Shenzhen Special Economic Zone

The granting of the Legislative Accommodating Power of the Special Economic Zone is a great attempt in the process of building the rule of law in China.In the context of reform and open,the Legislative Accommodating Power of the special economic zone has greatly promoted the economic development and social progress of Shenzhen.However,due to various reasons,the voice of the abolition of Legislative Accommodating Power of the Shenzhen Special Economic Zone began to appear.By analyzing the necessity and rationality of the right of adaptation,this paper explains the inevitability of its existence.At the same time,this paper discriminates the viewpoint of abolishing the Legislative Accommodating Power in the special economic zone.Through four limitations: the limitation of local legislation,the limitation of legal system,the limitation of purpose and the limitation of law,this paper finds the boundary and scope of the Legislative Accommodating Power in the Shenzhen Special Economic Zone and gives the corresponding solutions to the problems in the current Legislative Accommodating Power.Firstly,clearing Legislative Accommodating Power is a power in authorized legislation.This paper introduces the legal basis of the power,defines the concept of legal accommodation and explains the necessity and rationality of the existence of the right to change the law.Secondly,the limits and scope of legislative flexibility in special economic zones are discussed.Now there are so many doubts about the right of legislation in academic circles,a very important point is that the boundary of the boundary is not clear,and the exercise of power is not clear.Taking the contents and the purpose of authorization of the “92 decision” and the relevant provisions and the nature of the special zone regulations of the "legislation law" as the breakthrough points,this paper concludes that the exercise of the right of legislative change in the special economic zone issubject to four limitations: the local legislation,the rule of law unification,the purpose and the law reservation.Last,the current situation of legislative change and application is summarized.And through case analysis,it is concluded that the flexible provision is preferable in the field of administrative law enforcement,but the application of judicious judgment is relatively prudent in the judicial field;for the problem of the order of law that exist in the Legislative Accommodating Power of special economic zone,the issue of blank authorization and whether it violates the principle of the equality of local legislative power and the principle of unification of the legal system,this paper makes an analysis of the jurisprudence.At the same time,this paper also puts forward some suggestions for the perfection of the mechanism of exercising power of Legislative Accommodating Power.