Analysis Of The Jurisdictional Boundaries Between The Local Regulations And Government Regulations Of The District

After more than 30 years of development,Chinese local legislation has become an important part of Chinese legislative system.It plays a pivotal role in supplementing the lack of central legislation and exerting local governance.It plays a vital role in legislative activities and social life.The issue of the distinction between the local regulations of the district and the authority for the formulation of local government regulations has been widely concerned.From the historical changes of Chinese local regulations and local government regulations,we have experienced the process from decentralization of legislative power to centralized legislation to proper decentralization.The practice of local legislation for more than 30 years has fully proved the necessity of giving appropriate decentralization to the local government on the premise of guaranteeing the unified exercise of the state in the legislative power.The "Legislation Law" revised in 2015 has made a new adjustment to the allocation of legislative power in China by giving full scope to the local legislative power of the district,making the city an independent level in the national legislative system.The local legislative power will be decentralized to the cities in the districts.so as to solve the needs of local governance,so that the municipal people's congresses,their standing committees,and the government at the same level will ensure the integrity of the local legal system and solve the problem in the process of urbanization.The positive role of the problem not only conforms to the requirements of the rule of law in China,but also is an inseparable legislative guarantee for urban progress.With the substantial increase in the number of municipal legislative texts in the districts,some legislative issues have gradually emerged.Although the "Legislation Law" defines the scope of the jurisdiction of the city's legislative body in the district,there are certain overlaps and overlaps in the formulation of the local legislature,and the provisions of the two are too principled,plus the limited local legislation.The space makes the local laws and local government regulations of the district still have unclear boundaries and unclear jurisdictions.The phenomenon of repeated legislation and misplaced legislation sometimes occurs.The local laws and regulations of the districts and local governments,the problem of unclear regulations and legislative powers makes the further development of local legislative power difficult.Good law is the foundation of the rule of law.As a good law,it must have legitimacy.It should be in accordance with the superior law and jurisprudence.However,when the respective local regulations of the district or the local government regulations cannot be clearly defined and confused,how can they be guaranteed to be " good law"?In the city's legislative work in the district,if the "good law" is to be established,the first problem to be solved is to clarify the legislative powers of the local laws and local government regulations.It is not necessary to clarify the legislative authority of the local laws and local government regulations of the district.It is necessary to set corresponding measures under the guiding ideology and principles of the Constitution and the Legislative Law.This paper firstly discusses the topic selection background,research value and research status at home and abroad through the introduction of the first chapter,so as to expand the specific exposition of the local regulations of the district and the legislative authority of local government regulations.In the second chapter,we sort out the theory of the local municipal regulations and the legislative authority of local government regulations,including the meaning of the local legislative power,the meaning of the two points,and the division of the two jurisdictions.The historical evolution is analyzed.After the revision of the "Legislative Law",the specific descriptions of the local laws and regulations of the districts and the legislative authority of local government regulations are summarized to introduce problems,which lays the foundation for the specific discussion of the rights and divisions of the two.The third chapter discusses the operational dilemma in the legislative power division of the two,and then the fourth chapter analyzes the causes of the operational dilemma of the two jurisdictions,and passes the legal text of the Legislative Law.Analyze and summarize the impact of the local regulations of the city and the legislative authority of local government regulations.In combination with local legislative practice,special explanations are generally given,and general reflections are made on the issue of local jurisdictional regulations of local districts and local government regulations.In the fifth chapter,through the provisions of the legal texts and the scholars' discussion on the legislative powers of the two,the author combines the reasons for the unclear operational difficulties in the fourth chapter,and gives suggestions for the legislative powers of the two.It mainly gives reasonable suggestions by analyzing the legal provisions of the Legislative Law on the legislative powers of the two.Finally,the author tries to put forward suggestions on how to guarantee the legislative power of the two branches in the legislative practice based on how to theoretically divide the legislative powers of the two.