On The Division Of Local People's Congress And Local Government's Legislation

As a socialist country,the people are masters of our country,and the people give their power to the people's representatives,and the people's congresses at all levels represent the people and realize their will.Under the background of putting forward the rule of law in our country,accompanied by the gradual legalization of government functions,local governments are gradually strengthening the use of administrative legislation.However,no matter from the theory or practice of legislation is the operating range of considerations,the local government legislation is undoubtedly turns to play the leading role in the future of local legislation,too much will give the government the legislative power,the people's Congress to use legislative functions will become increasingly light.This has a negative impact on the rational allocation and utilization of local legislative resources and full play of the functions of local legislation.On March 15,2015,"the legislative law of the People's Republic of China" and not as a whole solution changes the legislative boundary fuzzy problem.Therefore,the author in this paper,I study the problem about local people's congresses and local government legislation purview division of the status quo and how to implement reasonable division.In this paper,in the first part of the text expounds the legislation purview division,legal basis,the concept of category and the necessity of legislation jurisdiction,principle and basis of dividing the legislative jurisdiction.The second part introduces the main basis of our country legislation purview division,as well as the legislative authority division in the institutions and legal basis.The third part through the concept,scope of rights,the relationship of local regulations and local government rules and regulations,carries on the analysis on the relationship between the two,and the text of the existing provisions of demonstrating,find out the legal text's problem;Then reflect on the cause of local legislation authority boundary current situation,in the last part the author try to from two aspects of theory and practical operation reclassify local legislation authority boundary.