Research On The Enlargement Of The Subject Of Local Legislative Power

The construction of local legislative power is an important part of China's legal construction.With the development of the China's legal construction,China had realized the transformation from the past worshiped central government's unified exercising legislative power to the appropriate transfer of partial legislative power to the local legislation.The revision of China's "Legislative Law" in 2015 enabled the cities which was divided into districts to obtain partial legislative power,it was beneficial to promote the local legal construction,and the harmonious development of the economy and society.It is a major progress in China's legislation history.However,while illustrating the necessity and value of the expansion of the local legislator of legislative power,this article pointed out that there were some problems of local legislators after the expansion,such as the impact to the unity of the legal system,the shortage of local legislative quality,the local legislative demand unable to be matched,the local legislative power unable to be implemented better and so on.Secondly,through the comparative law research on the German experience and theoretical elucidation of local legislation,it indicated that the deeper cause of the problem would be the lack of public rationality of legislation,and the construction of the public domain would provide a routine for reference.Thirdly,we should use the communication theory to shape the public reason,and construct the public domain as the long-term goal of solving local legislative issues.Finally,it mentioned the method to radically solve the problems existing in local legislation in China,such as focusing on optimizing and improving the utilization of local legislative power,establishing a new concept of reaching a consensus through negotiation,and improving the local legislative power system.