The Interest Standard Tendency Of Local Legislation And Its Prevention

With the deepening of reform and opening up and the further development of market economy,the diversity of interests can be released,the stratification and diversification pattern of society is gradually deepened,and the way of safeguarding one's own interests through the interest game in the legislative field is thus produced.In this context,local legislatures,as public authorities,are also inevitably affected,and local legislatures will defend their interests and seek more benefits in legislative work based on incentives such as local protectionism and sectoral protectionism,a deliberate or unintentional motivation that we call a interest-based tendency.The emergence of local legislative interest standard tendency is a very complicated problem,which involves economic,political and social aspects,including but not limited tounreasonable system and system,problems in cognition and concept,limitations in the coordination of legislative interests in our country at present,legislative bureaucracy,general lack of reasonable examination procedure in local legislation,etc.Of course,the local legislative system in the executive-led color is too strong also has a profound impact.The concept of interest-based tendency needs to be correctly defined,because from a broad perspective,the emergence of interest standard is very normal.Small to the individual large to the country,behavior is naturally based on the consideration of safeguarding their own interests,the legislative work is also to regulate the interests of all parties to demand,the whole work has always been full of interest factors.However,the interest standard tendency mentioned in our local legislation refers to the narrow interest standard,that is,the local legislative subject pays too much attention to its own interests and abuses the legislative authority in hand,this abnormal phenomenon mainly has four characteristics through the legislation inappropriately expansion,through the legislation unduly reduce the blame,wantonly expands the public power at the expense of the individual interest,Ignoring the long-term interests,these phenomena go beyond the normal scope of benefit measurement,need to arouse clear awareness and vigilance.The issue of interest standard in local legislation has had a series of negative effects.Central steps to expand the local legislative power limit is intended to give full play to local enthusiasm,better achieve conditions,but some places wanton compete for power,total neglect of external interests,long-term benefits and individual interests,this practice will undoubtedly cause many problems,such as undermining the unification of the rule of law,reducing the efficiency of local legislation,contributing to the growth of corruption,Hinder the development of market economy and reduce administrative efficiency.An analysis of the causes of interest-based tendencies in local legislation will find that the causes are as follows:First,there are still many problems in our current local legislative system,the structure of horizontal and vertical institutional mechanism and the specific deliberation procedure need to be perfected,and secondly,some problems in the cognition and concept of our local legislative practitioners,It affects the scientific nature of local legislation,and then the professional level of the legislature in most regions is not flattering,professional ability can not be satisfied,the most prominent is that in the legislative work on the interests of the interests of all stakeholders mishandled,the ability to coordinate legislation is insufficient,the interests of all parties can not be well reflected in the legislative results,Although the era of sports legislation has come to an end,the stage of professional legislation has not yet fully arrived;Finally,there are a series of loopholes in the legislative review process that need to be perfected.The tendency of controlling local legislative interest standard should adhere to the concept of'prevention priority and prevention and control Combination",promote the scientific and complete local legislative system,and grasp the prevention and management in advance.In view of the legislative contradictions and conflicts between regions,the coordination mechanism should be perfected,and for the legislature to pay too much attention to its own interests at all stages of the procedure,we should ensure the full participation of all stakeholders,improve the work of publicity,deliberation,hearing and other links,and smooth the path of public participation in local legislation;attach importance to experts,Make good use of the scientific advice provided by experts to solve the problem of interest tendency with the science and neutrality of experts;for the problem that the legislative bureaucrats are not mature enough,they should give them technical support,provide legislative assistants,carry out appropriate training,etc.,and we still have a lot of work to do to improve the voting mechanism,such as the loopholes in the system.