Legal Control Of The Expansion Of Local Legislative Power

Since the establishment of China's local legislative power from the early days of the founding of New China to the period of reform and opening up,the demarcation between the central and local legislative powers has presented an alternating process of receiving and delegating power.This feature was first of all influenced by the political system of the time,and second,the ever-changing economy.The phenomenon has led to the final decentralization of legislative power to the place.The Standing Committee of the National People's Congress in 2015 revised the "Law of the People's Republic of China on Legislation"(the "Law of the People's Republic of China"),which includes various aspects such as the regulation of authorized legislation,clear and detailed taxation of legal principles,and the strengthening of filing and review.Among these changes,the most noteworthy is the provisions of Article 72 of the Legislative Law: the people's congresses of the cities in which the districts are located and their standing committees are in different constitutions,laws,and Under the premise that the administrative regulations are inconsistent with the local regulations of the province or autonomous region,local laws and regulations may be formulated for matters concerning urban and rural construction and management,environmental protection,historical and cultural protection,and other matters.Otherwise specified,from its provisions.That is,the "Law of Legislation" confers the legislative power of the city in which the district is located.The main body of the local legislative power has expanded from the original 49 large cities to 282 cities.The municipal legislative power conferred by the district has not only further expanded the legislative body,but has also made the division of the authority between the central and local governments more clear,and has also accelerated the new development of legislation and reform.At the same time,the Constitution not only stipulates the power of local state agencies,leaving a huge space for the optimal allocation of legislative power,but also demarcating the boundaries for the realization of legislative power.However,the decentralization of local legislative authority also caused the emergence of phenomena such as the question of constitutionality,repeated legislation or administrative standards.The reason for this is mainly the lack of democracy and scientificity of the legislative process,which in turn affects the implementation of the standard.In the text of the constitution,the basic principles of the rule of law of the relationship between the central government and the local government are stipulated,and local governments are also encouraged to carry out legislative activities according to their characteristics.Whether it is the spirit existing in the constitutional preamble,or the specific guiding principles in the general program,or the specific norms in the constitutional text,it guides the legislators to expand the legislative power through the "Law of Legislation" and also enables the local legislature to actively exercise the legislative power..As the highest normative law and legislative law,the constitution as the legislative normative law provides an effective mechanism for controlling the legislative process.Therefore,this article intends to start with the scope,procedures and supervision methods of the legislative powers of the municipalities in the districts under the jurisdiction of the constitution,the legislation law,and the local organization law to build a set of guarantees for the basic rights of citizens as the core,taking into account local autonomy and the legal system.Power control mechanism.This article starts with the development of the relevant theory of local legislative power and the development of local legislative power,analyzes the economic,political and legal reasons for the expansion of local legislative power,and then puts forward the negative impact caused by the expansion of local legislative power,and analyzes these problems.The reason for the last chapter is how to control the local legislative power in terms of scope,procedures,and supervision.