Research On The Issue Of Repeating Central Legislation In Implementing Local Legislation In China

Local legislation,especially the absolute majority of implementary local legislation repeats central legislation,it is a common phenomenon in local legislation.Some scholars believe that the repetition of central legislation in local legislation not only increases the cost-saving in legislation,but also damages the central legislative authority and spoils the proper function of local legislative power.It is a serious and urgent problem to be solved.It is true that there is indeed a large number of repeated and meaningless “secondary legislations” in local legislation,which not only occupies local legislative resources,but also seriously affects the optimized collocation of central and local legislative resources.However,these repeated provisions can not be all generalized as unnecessary.In this paper,the research subject is the implementary local legislation's repetition of the central legislation.Firstly,it introduces the concept and characteristics of the implementary local legislation.At the same time,for the purpose of the objectivity of research and statistical data in the case of emergency response,it is necessary to define the scope of the sample of implementary local legislation.Secondly,the repetition is defined based on the relationship model between local legislation and central legislation.And the repeated phenomenon of the implementary local legislation is summarized,combined with the repeated provisions in the 22 implementation local legislations.And then based on statistical data,the repetitive specific performance of the implementary local legislation is listed,which leads to the necessity of repetition in the fourth part.After analysis,it is concluded that there is difference between the necessary and unnecessary repetition.And the basis of asserting of the necessity of repetition is discussed.Then,the repetition of the implementation of local legislation to the central legislation is divided into necessary repetitions and unnecessary repetitions.And calculated the necessary repetition rate and the unnecessary repetition rate,thus summarizing the legislative defects of the implementary local legislation.The fifth part uses unnecessary repetition as the object of discussion,it analyzes the causes of unnecessary repetitions,and puts forward suggestions for improvement on the ideological and institutional levels in order to improve the quality of local legislation and avoid local legislation.