Study On Repeated Legislation In China’s Cities With Districts

The problem of local repeated legislation has a long history and exists generally in our country’s legal system,but it has not been solved fundamentally,and it becomes more obvious with the expansion of local legislative power.The Legislative Law of the people’s Republic of China(hereinafter referred to as the "Legislative Law"),which was amended in 2015,has given all municipalitieswhich are divided into districts local legislative power,which is an important "expansion" of the legislative power of our country.The so-called "expansion" of legislative power refers to the increase in the number of legislative bodies,extending the local legislative power,which was originally held by only 49 "larger cities," to all municipalities that are divided into districts.This is not only a major adjustment of our legislative system,but also has a profound impact on the construction of local rule of law.But the impact of this expansion is not entirely positive.Since the municipal people’s congresses and their standing committees began to exercise legislative power in a short period of time,on the one hand,a large number of local laws and regulations have been formulated,which has played a positive role in perfecting the local legal system;On the other hand,after the expansion of legislative power,the problem of repeated legislation,especially in the field of local implementing legislation,is more prominent,which is the most important problem after the expansion of legislative power.The main manifestation of repeated legislation is that the laws and regulations are directly or indirectly repeated in the content,style and structure of the host law or other local laws and regulations,the plagiarism marks are obvious,the degree of homogenization is high,and there is a lack of realistic pertinence and local characteristics.Aiming at the repeated legislation of the district people’s Congress and its standing committee,this paper first summarizes the various manifestations of the local legislative repetition problem,including macro,meso and micro levels,and analyzes and demonstrates the situation of unnecessary duplication of legislation existing in the formulation of local laws and regulations by the above-mentioned legislative bodies;Secondly,according to the subjective and objective reasons of the local repeated legislation,the process of its emergence is demonstrated in detail.Finally,according to the corresponding causes of the problems,the author puts forward some measures to solve the problems,in order to provide reasonable suggestions for reducing the duplication of local legislation in the future.The first part of this paper introduces the current situation and disadvantages of local repeated legislation.First of all,this paper concentrates on the problem of unnecessary repeated legislations,analyzing the universality and main manifestation of the problem andpointing out that local repeated legislation weakens the authority of central legislation,inhibits the function of local legislation,wastes legislative resources,brings about law enforcement trouble and so on.The second part analyzes the causes of local repeated legislation in detail,not only pointing out the provisions of the Constitution and legal texts,but also analyzing the deep-seated causes of the legislative system,especially the root causes of the unclear division of the central and local legislative powers and some important institutional reasons,such as the lack of legislation supervision mechanism.The subjective reasons such as deviation of legislative concept and comprehension and lack of ability are also discussed in combination with the practice.The third part,as the focus of this paper,points out the way to solve the problem of local repeated legislation from two angles of theory and practice and three main aspects.In the aspect ofrationalization of the division of central and local legislative authority,it is pointed out that the legislative authority of the central government should be clear,the central and local legislative powers should be allocated scientifically,and the local exclusive legislative power should be given.In the aspect of solving the fundamental problems in the system and mechanism,this paper puts forward four countermeasures:the legislative supervision mechanism,the clear legislative technical rules,the coordination function of the legislative planning,the expansion of the autonomy and the proportion of the pilot legislation.In the aspect of improving the ability and level of local legislation,it is pointed out that we should correct the concept of legislation,improve the quality of the legislative team,innovate and apply the new form of scientific and democratic legislation.