Research On The Central-Local Legislative Relations In China

Promoting the modernization of the national governance system and governance capacity is the overall goal of socialist construction with Chinese characteristics in the new period.The relationship between the central and local governments is an important part of the national governance system,and the legislative power is the core of power allocation between the central and local governments.The division of central and local legislative power is the legal basis for the allocation and exercise of other powers between the central and local governments.Therefore,to handle the legislative relationship between the central and local governments is an inevitable requirement to realize the modernization of national governance capabilities.The "Legislation Law" is a law that regulates the legislative power of the central and local governments and the legislative process,and is an important text regulating the relationship between the central and local legislation.It clearly enumerates the exclusive legislative matters of the central government,stipulates the principle of local legislative authority,and realizes that the relationship between the central and local governments is established under the framework of the rule of law.The "Legislation Law" was revised for the first time in 2015.The content involves the central and local legislative powers,legislative procedures,legislative supervision,etc.These contents directly affect the central and local legislative relations.Moreover,after several years of practice,the impact of the revision gradually emerged.What impact did the 2015 Legislation Law have on the relationship between central and local legislation?What is the problem with the current legislative relationship between the central and local governments?The author is eager to find some answers,and puts forward some ideas to improve the relationship between the central and local legislationThe relationship between central and local legislation of our country has been in a constantly explored,experienced the legislative power is extremely fragmented institutional and legislative stage center stage completely centralized level,until the reform and opening up was finally established two legislative system central to the legislation division.Under the two-level legislative system,localities have certain legislative powers,which is conducive to giving play to both central and local initiatives.However,there are also some problems in the legislative relationship between the central and local governments.In particular,the comprehensive deepening of reforms in the new period places higher demands on the decentralization of local legislation.Therefore,as one of the main laws regulating the central and local legislative relationships,the "Legislation Law"Modified.Some amendments to the "Legislation Law" have had an important positive impact on the central government's legislative relations:it has strengthened the degree of legalization of the central government's legislative relations,promoted the implementation of the central government's two enthusiasm principles,and has enriched China's national structure.Of course,the amendment of the "Legislation Law" has not solved all the problems in the relationship between the central and local legislation.The following problems still exist between the central and local legislative relations:the problem of mismatch between central and local legislative powers and legislative needs due to conflicts between the division of legislative power standards and the division of responsibility standards,the problem of lack of fine division between central and local legislation due to functional homogeneity and blurred legislative power boundaries,and the problems of narrow local legislative practice due to local self-interest and weak central legislative supervision.Therefore,it is necessary to further improve the central-legislative relationship.The author believes that the promotion of the rule of law between the central and local legislative relations can be started from the following aspects.1.By changing the standard for dividing legislative power,the central and local legislative powers should be scientifically allocated.2.Introduce the principle of subsidiarity into the relationship between central and local legislation,and distinguish between local legislative functions according to the principle of subsidiarity.District-based cities give priority to the exercise of legislative power,and provincial-level legislation mainly plays a role of assistance and support when the district-based cities' legislation fails.The legislative functions of provinces and district-based cities are clearly positioned,so the division of legislative functions between provinces and the central government is naturally clear.3.It is necessary to strengthen legislative supervision.According to governance theory,the central government,local governments,and society must play a common role in realizing the modernization of the national governance system.To strengthen legislative supervision,we must not only strengthen the central supervision of local legislation by improving the implementation of the filing and review mechanism,but also draw on governance theories to play the role of society,so that society can act as an external supervision of local legislation,thereby increasing the degree of rule of law between the central and local legislative relations.