Empirical Study On Local Legislation Of Cities With Districts

It's been 5 years since 2015,the year when the cities with districts were vested with legislative power.Over a period of time,the local legislation has developed a certain foundation,made great achievements in the number and content of the legislative contexts and produced a group of local rules and regulations with great creativity and local characteristic.However,not all cities with districts have achieved good performance in local legislative work,and a considerable part of that is still in the exploratory stage.There are some problems still existing in local legislation.The author has conducted empirical research on local legislative practice of the cities with districts in Hubei province as a model,sorted out the local legislation texts of 12 cities with districts and autonomous prefectures in Hubei province based on the legislative content,analyzed the texts in a typological way,summarized the various forms of the legislative problems of them and found out those problems mainly exist in the aspects of local legislative characteristics and the administrative penalty setting.To be more specific,the local legislation of cities with districts lacks local characteristics on the whole,which manifests as conflicts with the upper law,repetition of the upper law and weak legislative pertinence.As for the setting of administrative penalty,the rationality of that is insufficient,which is manifested by the generalization of penalty and the ambiguity of the punishment authority.The reasons for such legislative problems are that the legislation law and relevant legal documents of our country still have great ambiguity on the provisions of the local legislative system of cities with districts,the division of local legislative authority is unclear,and the principles of "no contradicting" and "having characteristics" lack unified standards.The lack of operability of the supervision mechanism of local legislation leads to the undiscovery of unreasonable or even illegal local laws and regulations.As a result,relevant authorities are unable to amend them in time,which greatly affects the scientificity and operability of local legislation.In addition,due to the short history of local legislation work,local legislation theoretical basis is relatively weak.It's easy for local lawmakers to misunderstand local legislative authority and principles.Also,lack of local legislation experience and incompetence of the local legislation team causes the phenomenon where the legislative number of cities with districts is large,while the quality is still poor.At present,improving the legislative quality of cities with districts has become the top priority in our local legislative work.In order to make the quality of local legislation achieve a qualitative breakthrough and make local legislation give full play to its real effectiveness,we should actively deal with the existing problems in local legislation rather than just criticize it.In view of the existing problems,we should study on them carefully and take timely and effective measures.After all,local legislation is not a short-term task that can be accomplished overnight,but a "protracted war".There is still a long way to go before we can fully get on the right track and improve it from theory to practice.Therefore,practical legislative proposals should be put forward to ensure the legitimacy and rationality of the local legislation,and to obtain the general compliance of citizens,so as to guarantee the authority of the law.In terms of the ambiguity of the local legislative system,it is necessary to introduce relevant legislative interpretations,actively deal with the defects of the legislative system,further specify and standardize the local legislative authority and legislative principles,and timely regulate the deficiencies of the existing local legislative system.At the same time,we should also pay attention to the construction of the local legislative team,because,to some extent,the ability and level of the legislative team determine those of local legislative work.In addition,we should change the concept of legislation in time,correctly understand the purpose and principles of legislation,and carry out local legislative work efficiently and with high quality.