Research On The Repetition Of Local Legislation

Local laws and regulations are the important supplements and detailing to the national laws and administrative regulations,and its quality is a key reference point to the level of socialist legal system with Chinese characteristics,and it is also a key to the formation and improvement of socialist legal system with Chinese characteristics.How to improve the quality of local legislation is an eternal theme that local legislators should constantly explore.Since the implementation of the new "Legislation Law of People's Republic of China"(hereinafter referred to as "New Legislation Law"),the construction of local legislation is facing a new situation,especially cities with districts are facing a number of problems after obtained the legislative authorities on local regulations for the first time.However,among these problems,what affects the quality of local legislation is repeated legislation,which is also the subject of this paper.As an important factor of affecting the quality of local legislation,repeated legislation has long been recognized.But until now,this problem has not been completely and effectively solved.The "Legislation Law" that newly revised in 2015 added a provision that the local legislation should not repeat the superior law,but in reality,this provision has not been effectively implemented.According to the investigation and analysis on the city appearance and environmental sanitation legislation of cities with districts in ZheJiang Province,it can be found that even with greater local autonomy,the legislative repetition rate remains high,and the rate could increase under the background of expansion of local autonomy.Therefore,this paperaims to analyze the repetitive problems in local legislation,and explores the root causes of repetition in legislation,and then proposes corresponding counter measures.This paper is about to discuss the current situation,reasons and regulating measures of repeated legislation in three chapters.The first chapter starts with an empirical analysis on the repeated legislation in the cities with districts of Zhejiang province.It shows that solving the issue of legislative repetition is not making a fuss about an imaginary illness in China,but a real problem affecting the quality of local legislation.And through the analysis on the necessity of legislative repetition,this part will further clarify that the repetition of legislation is not the choice of local legislators.In some cases,legislators deliberately choose to make repetitions in legislation,which is necessary and also good to the local development.Then this chapter sorts out the influences of lacking legislative features and the waste of legislative resources caused by repeated legislation,warning us that we could not focus on the expansion of legislative jurisdiction in the cities with districts,while should pay much more attentions to the legislative repetition.The second chapter analyzes the root causes of repeated legislation after describing the situation of it.It was mainly described from three reasons.The first is lacking of capabilities in legislative bodies.The lacing of competence is reflected in not only the lacking of professional ability,but also the deviation on understanding the concept of local legislation,which mainly manifested as the worship of code and legislative administration tendency.The second part is repeated legislation brought by the unclear legislative power,which reflects the mechanical understanding on the principle of “non-contradictory”.Therefore,the author spent a longer length on explaining the "non-contradictory" principle.And through interpreting of the word shown up in the Section 72 of the new Legislation Law,the paper will further clarify the boundaries of local legislation.The third part is discussing the repeated legislation result from the lack of relevant supervision mechanism in practice.The supervision is not only reflected in the lack of supervision on the repeated laws,but also the lack ofsupervision on legislators,which mainly caused by lacking of relevant legal provisions on responsibility investigation to legislators.In view of above three parts actually explaining the causes of repeated legislation in a negative way,we could not conclude why repeated legislation is so favored by local legislators through simply discussing from these three aspects.This paper then introduces the fourth reason,the theory of Imitation mechanism,to figure out how this mechanism has slowly penetrated into the repeated legislation and explore the deep roots of repeated legislation in a positive way.The third chapter is about exploring the standardization of avoiding the repeated legislation.According to the root of legislative repetition,which is caused by the unclearness in legislative jurisdiction,this chapter firstly provides the new understandings on the principle of “ non-contradictory”,and then through the explanation on setting exclusive legislative power in local and local affairs to further expand the boundaries of local legislation.In view of the legislative repetition happening at the very start,the author advises eliminating legislative repetition starting with the constructions of local legislation team and review mechanism.At last,the paper advises to intensify the efforts of reviewing and claiming responsibilities and to force local authorities enhance the capability of legislative innovation,so as to reduce legislative repetition.