Research On The Local Legislative Power Of Cities Divided Into Districts

Cities with districts have local legislative power of city construction,environment protection,historical and cultural protection though its People's Congress and the Standing Committee according to regulations of the new "Legislative Law".This thesis has three parts:summarization of local legislative of cities with districts,contents of local legislative of cities with districts,application of local legislative of cities with districts.Legislation law is systematically and comprehensively discussed though the reasons of the granted legislation power,the related problems of authority setting of the power,the principles,procedure and supervision of the power.The latest alteration of the Legislative Law is base on "public interests with individual expresses",which achieved the equal distribution of legislative power of the cities with districts,in the perspective of maximizing public interests aspect.It is beneficial to the full exercise of local legislative power,which is undoubtedly a significant page in the development of local legislation.Due to expansion of the local legislative subjects but local legislative competence is limited to urban and rural construction and management,environmental protection,historical and cultural protection,the three aspects of the purpose and means does not match the situation.In the author's opinion,such limitation of the scope of local legislation can not only make local legislation too narrow in the regulation of local affairs,but also put the local legislation beyond the jurisdiction of the "bigger city" before it into the awkward situation.Combined with the law is not to the regulation of the government departments at various levels have the limit,making the legislative authority of local government rather than the National People's Congress legislation authority is wider,so the author thinks that,the limited rationality of remains to be further discussed.Exercise of the local legislative power in question,the first thing to follow proper advance,unification of legal system,democratic,innovation,the four principles,in program design should be as much as possible,increase the degree of public participation,and especially to make the local laws and regulations involving the public interest.Practice,in the legislative Suggestions of the collection,review of legislation and legislative supervision stage,after all can invite the third party and the social public participation,so as to push forward our country local legislation work specialization,democratization and legalization,avoid public power abuse and departmental benefit protection.In addition,in the way of supervision of local legislative power,the author thinks that it should be done mainly by the strengthening of the people's congress,the strict advocating of the constitutional interpretation and the positive development of the post-legislative evaluation.