Study On The Basic Problems Of Local Legislation

The decision of the CPC central committee on several major issues on comprehensively advancing the rule of law adopted at the fourth plenary session of the 18 th CPC central committee in October 2014 clearly states that the overall goal of comprehensively advancing the rule of law is to build a socialist system of rule of law with Chinese characteristics and build a socialist country under the rule of law.Therefore,a new demand for legislation has been objectively raised,because the Local legislation,as an important part of national legislation.To meet those demands,the state should make laws in a scientific way and enact a number of important laws.On March 15,2015,‘The Legislation Law of the People's Republic of China' has been revised.The scope of the local legislation has been further expanded,which makes it more important to study the local legislation in theory and practice.At present,there are still some major problems around local legislation in China: the lag of legislation,ignoring the guiding role of legislative theory in local legislative practice,not pay enough attention to learning advanced legislative ideas and experiences;insufficient democracy in procedure,lack of real establishment of pre-evaluation,post-evaluation and regular cleaning-up mechanism,lack of perfect legislative supervision mechanism;ignoring legislative technology and the legislative standards are not applicable to some special places,which are.unscientific legislative standards.the leading role of the legislature needs to be strengthened,and the quality of legislators needs to be improved.By combining previous studies,this dissertation attempts to take the city with districts as an example to analysis,the legislaion principles?system and technology.Further to analyze some existing phenomena and problems in the current local legislation from both theoretical and empirical aspects,and to put forward objective countermeasures or suggestions in order to improve the local legislation.The quality of legislation promotes local legislation to gradually reach the good legal standards of necessity,legitimacy,democracy,scientific,openness and feasibility.This dissertation uses the method of couse analysis and value analysis..At the same time,empirical and normative analysis methods are used in the study to complete the interpretation of the paper's views.Based on the analysis of the existing texts and legislative issues,this dissertation makes a study of the problems existing in the theoretical and practical aspects of local legislation in China,and some solve countermeasures were put forward.In addition,this paper also based on the process analysis angle to complete the interpretation of legislative activities,to achieve dynamic,three-dimensional local legislative research.The chapter one is the introduction.It elaborates the research background,significance,literature review..The second chapter mainly combines the connotation,value and status of local legislation in China.In this chapter,it is mainly based on the current situation of local legislation in China,combined with the academic circles and legal texts to discuss the identification of the category of local legislation,to analyze the position of local legislation from the theoretical and practical perspectives,especially the importance to set up district-based and municipal-based local legislation in the layout of the current legal system in our country,so as to be locally neutral in the existing legislative system of our country.The value and function of law are deeply interpreted.In chapter three,the author mainly analyses the local legislative authority in China,and interprets it in combination with the central and local legislative authority.Focus on the revised "Legislative Law of the People's Republic of China" to determine the scope of local legislation in districts and municipalities,Under legal theory perspective and through empirical analysis to divide the power of local legislation in China,analyses the problems and possible risks in the process of local legislation,and proposes some countermeasures.Chapter four focus on the analysis of local legislative procedures and technical issues.Through legal theory and empirical research,combined with the existing procedures and technical problems in the process of local legislation of districts and municipalities in China,this paper expounds that the key to improving the quality of local legislation lies in the local legislative procedure and technology.