An Empirical Study On The Exercise Of Dual Legislative Power In Autonomous Prefecture

The amendment of the legislative law of the People's Republic of China(hereinafter referred to as the legislative law)in 2015 gave the autonomous prefecture the same general local legislative power as the municipalities in the same district,which is the biggest bright spot for the revision of the legislative law after 15 years,and also the biggest reform of China's regional ethnic autonomy system.The autonomous prefecture has begun to enjoy dual legislative power,on the one hand,to administer local ethnic affairs through autonomous legislative power,and on the other,to exercise local legislative power to promote local construction and development.It has been nearly four years since the implementation of the new legislative law,and all30 autonomous prefectures have been approved by the provincial People's Congress,enjoying the dual legislative power of the newly granted local legislative power and the original autonomous legislative power.At present,the exercise of dual legislative power in the autonomous prefecture is still in the groping stage,through an empirical investigation of the exercise of dual legislative power in 30 autonomous prefectures,a horizontal comparison of the current situation of the exercise of local legislative power and autonomous legislative power in the autonomous prefecture,the observation of the legislature's preference for the exercise of autonomous legislative power,and the conclusion the reasons for this phenomenon or the factors affecting the willingness to legislate include external influencing factors and intrinsic influencing factors.The external influencing factorsinclude three aspects:the unclear scope of autonomous legislative power and local legislative power,the simple structure of autonomous legislation,and the generally low degree of economic development in autonomous prefecture.The internal influencing factors are embodied in the lack of legislative capacity of the legislature,the absence of legislative impetus for local legislative power and the existence of the legislative inertia of autonomous legislative power.Therefore,in order to promote the rational exercise of the dual legislative power of the autonomous prefecture and promote the coordinated distribution of legislative resources,it is necessary to clearly define the scope of the dual legislative power of the autonomous prefecture at the level of laws and regulations,improve the legislative capacity of the legislature,strengthen the legislative supervision and construction,improve the procedures for examination and approval and filing.We should promote the construction and development of the rule of law in ethnic autonomous areas,and achieve common national prosperity.