The Research On The Local People's Congresses Leading Legislation

In the reform of the legislative system,the leading legislation of the people's congress has the background of dual connotation,which is reflected not only in the political proposition of the decision of the CPC central committee on the comprehensive promotion of the rule of law on several major issues in the fourth plenary session of the 18th CPC central committee,but also in the national law of article 51 of the legislative law of the People's Republic of China.The first part is that the legislation dominated by the people's congress is a political proposition of the ruling party,which is diachronic in the evolution of China's legislative system reform.From the pilot experiment of legislative reform of local people's congress that abolishes the department's interests to the theoretical exploration and experience accumulation stage of the legislative system reform that emphasizes "giving play to the leading role of people's congress",the concept and principle of "people's congress leading legislation" in the sense of guiding ideology is formed finally.The second part is that the revision of the legislation law means that the people's congress dominates the legislation from the political dimension into the legal system.Different from the policy that the NPC dominates legislation,the legislation law clarifies that the NPC dominates legislation and expands the scope of local legislative bodies.And from the perspective of legal system,the main way for local people's congresses to lead legislation is organization and coordination.The third part is that the local people's congresses should pay attention to two basic goals:scientific legislation and democratic legislation.The leading legislation of local people's congress should have scientific connotation,the operability of local laws and regulations in the implementation process,and further guide the local administrative management and economic development,finally reaching the form of "good law".Democratic legislation originates from the fundamental significance of the principle of people's sovereignty at the local level,which can be embodied in the increasing openness of the legislative process of local people's congresses to the public,and the participation of NPC deputies in the formulation of local laws and regulations.The fourth part is to sort out the current situation and problems of the legislative reform of local people's congresses and find that the legislative mechanism of local people's congresses needs to be legalized,and the way of organization and coordination needs to be deepened and refined.In the legislative reform led by the people's congress,there are still some problems,such as the leading phenomenon of the administrative department in the legislation,the main body in the drafting of laws and regulations,the unreasonable design of the review process of laws and regulations,and the absence of the main body role of local people's congress in the process of making laws and regulations.The fifth part is that local people's congresses can make innovations and improve the mechanism in terms of project approval,drafting and review in accordance with the procedures for formulating local laws and regulations.