The Division Of Legislative Competence Between The Provincial People's Congress And Its Standing Committee

Adopted by a vote of the plenary of the National People's Congress in 2000,the landmark legislative Law on the construction of China's legal system was formally implemented.After more than more than 10 years of local legislative practice,it was adopted by a vote in the plenary of the National People's Congress in 2015 to amend and perfect some chapters and provisions of the legislative law to adapt them to the needs of the central and local legislation under the new form of comprehensive rule of law,which continues to play an important role in the process of local legal system construction.In the provincial regions,the exercise of local legislative power by the provincial People's Congress and its standing body,the National People's Congress standing committee,has played a vital guiding role in promoting economic and social development and the construction of local legal system in the region.But at the same time,it should be seen that the existing constitution and other relevant laws and regulations have not made a clear boundary between the attribution of authority and the scope of content of the legislative power between the provincial people's Congress and the National People's Congress standing committee,coupled with the Provincial people's congresses are often in an intersessional state and other objective reasons.The National People's Congress standing committee is almost entirely in place of the National People's Congress to monopolize the exercise of local legislative power.This has also gradually resulted in the current vast majority of local regulations in the provincial regions are the unbalanced status quo formulated by the National People's Congress standing committee rather than by the National People's Congress.The legislative power of the provincial People's Congress and the Standing Committee is unclear in terms of the attribution of authority and the scope of content,so that the role of the provincial People's Congress in leading the overall legislative work is gradually reduced and difficult to play in the process of local legislation.For a long time,the practice of local legislation has proved that it is imperative to have the authority attribution and content scope of the legislative power of the provincial People's Congress and its permanent establishment.Many problems,such as unclear attribution of authority to the legislative power of provincial National People's Congress and Standing Committee,unclear scope of content and irregularities in the exercise of local legislative authority,are contrary to the practical requirements of continuously improving and strengthening the level of local legislation and perfecting the local legislative system.It is necessary to make a clear boundary between the legislative powers of the provincial National People's Congress and the National People's Congress standing committee,so that the division of labor is clear and complementary,and plays a more important role in the construction of local legal system.To resolve the overlap and conflict between the legislative power of the provincial People's Congress and the National People's Congress standing committee in terms of the attribution of competence and the scope of content.It should be emphasized that only the provincial people's Congresses have the power to explain the "special matters of the administrative Region" in the legislative process,and to improve the boundary between the specific legislative matters between the two.Establish a complete procedural system of legislative supervision and legislative participation to ensure the full and correct exercise of the legislative power of the provincial people's Congress.To continuously improve and enhance the relevant professional knowledge and ability of National People's Congress,National People's Congress standing committee and National People's Congress deputies,and promote the smooth implementation of local legislation.On this basis,we will strengthen the leading position of the Provincial people's congresses on the legislative work in their respective administrative areas,improve the legislative capacity and legislative level of the National People's Congress and the National People's Congress standing committee,and thus promote the construction of local legal system.Therefore,it should be clearly divided into the legislative power of the provincial People's Congress and the National People's Congress standing committee,so that the two continue to play a more important role in the practice of legislative work.