From Experience To Standard

Good law is the premise of good governance.The quality of legislation is directly related to the progress of the rule of law.The 19 th National Congress of the Communist Party of China proposed to promote to make laws in a scientific and democratic way and in accordance with the law so as to promote social development and ensure good governance.The newly revised legislative law in March 2015 gives all cities divided into districts local legislative power,which to a certain extent mobilizes the legislative initiative and enthusiasm of cities divided into districts.In the process of local legislation,local characteristics are the life of local legislation,and the main manifestation of local characteristics is local experience.Local legislation “from experience to norm” is the main source of current local legislative characteristics.As a legislative phenomenon,“from experience to norm” exists objectively in the process of drafting laws.The article 76 of Gansu Province road traffic safety regulations has been drawn up through the long-term practice of basic-level police,which was once considered as a milestone clause,but the relevant provisions of this clause are considered to be lack of legal basis and need to be rectified.Based on this,how to reflect the local characteristics in local legislation has aroused many experts and scholars' research and discussion,especially how to summarize the local experience and reflect the local characteristics in the local legislation “from experience to norm” is an important issue in the current local legislation research.“From experience to norm” is a general rule that focuses on the refinement of law enforcement experience by basic-level law enforcers or the test demonstrated by the effect of system.The long-term good experience of basic-level law enforcers proves that the actual effect of law can provide a more solid foundation for public believing in law.Compared with the legislation at the central level,the local legislation has the mission of connecting the spirit that the central legislation(including the Constitution)are implemented in a top-down approach with the local reality or the local experience in a bottom-up approach.That is to say,the spirit of the central legislation must be mastered and the local legislation must be carried out under the guidance of the central legislation in the process of local legislation,which should not violate the concept and principle of the central legislation.At the same time,the local legislation also needs to consider thelocal actual situation and summarize the actual situation of local governance for a long time so that the spirit of central legislation and local experience integrate.It might have been thought that local legislation has the mission of integrating universal knowledge and local knowledge in national law.When the local experience rises to the legal norm,we need to coordinate the following two main problems while pursuing the local characteristics: first,we need to analyze the current situation of the interest game between the matters involved in the local legislation so as to realize the balance among the interests;second,we need to further analyze and identify legitimacy of legal experience rising to legal norms combining the principles of non-contravention,characteristic and operability.Generally speaking,the local legislation under the framework of China's constitutional system is the organic unity of the top-down "executive legislation" and the bottom-up “from experience to norms”.It is one of the necessary links to realize the law system of socialism with Chinese characteristics after the formation of the legal system of socialism with Chinese characteristics.The embodiment of local characteristics in normative documents in the process of local “from experience to norm” legislation has become a very important standard to measure the quality of local legislation.Local characteristics are conducive to improving the quality of local legislation,balancing the development differences among regions and promoting the development of China's unified multi-ethnic.Local “experience to norm” legislation needs to correctly understand the space of local “experience to norm” legislation,pay attention to local characteristics,and realize local characteristics through the legislative process.Then,we can make a conclusion that legislators need to know the top and keep the bottom in the process of local “experience to norm” legislation,that is,when experience rises to legislation,legislators need to be aware of the provisions of the superior law on this matter.On this basis,it is necessary to carry out characteristic innovation.The key for the legislative development of “experience to legislation” is to coordinate and connect with each other.