A Study On The Phenomenon Of Repeated Upper-Level Law In Local Legislation

Article 73 of the Legislative Law,amended in 2015,requires "making local laws and regulations without repetitive provisions on the contents already specified in the Superior Law".However,in practice,this provision has not been effectively followed,and the phenomenon of repeated superior law is still widespread in the operation of local legislative power.With the expansion of local legislative subjects,the problem of repeated the repeated upper-level law in local legislation becomes more and more obvious.Based on the investigation of the connotation and reality of the local repeated repeating method,this paper finds that the phenomenon of repeated upper-level law is more serious.The reasons are as follows.On the one hand,the legislative system is not perfect,that is,the relevant provisions of the Legislative Law are vague and lack of maneuverability;the scope of legislation between provinces and municipalities is not clear,and there is no legislative guidance mechanism.On the other hand,local legislation is too rigid.It is manifested in the following aspects: greed for perfection in statutory style;lack of characteristic clauses in content;excessive emphasis on the principle of "non-conflict" in ideology,and neglect of the phenomenon of repeated upper-level law.How to effectively solve the problem of repeating upper-level law,which is the focus of this paper.In view of the above reasons,this paper demonstrates them from three perspectives.Firstly,we should strengthen the construction of local legislative system.Including local legislative subjects put legislative concepts in right place;the Standing Committee of the National People’s Congress refines the "general non-repetition" provisions of the Legislative Law or promulgates legislative interpretations;Clarify the legislative scope of provinces and districts and municipalities.Secondly,improve the local legislative procedures.In the process of project establishment,we should strengthen the overall and coordinated work of the provincial people’s congress;in the drafting process,we should improve the scientific level of the draft laws and regulations;and most importantly,we should carry out the "repetitive" review throughout the whole process of legislation.Finally,pay attention to the legislative capacity and participation of legislators.It is recommended that the people of Law Committee should be deeply involved in local legislative work early;and increase the independence and initiative of third-party participants in the legislation.