| Article 82,paragraph 6,of the legislative law revised in 2015 stipulates that local government regulations shall not create norms to make the opposite party’s profit and loss without the basis of the superior law as the legislative basis.It can be seen that the legislators reserve the authority to set the norms of derogating the rights and interests of the opposite party to the level of local laws and regulations and above.This conforms to the requirements of the development of the administrative rule of law,but it also leads to the dilemma of local government regulation and legislation.On the one hand,in terms of profit and loss legislation,there is a conflict of laws between Article 82,paragraph 6 of the legislative law and the relevant provisions of the "three laws on administrative acts",and the connotation of the provisions of this paragraph is unclear;on the other hand,in terms of benefit legislation,the adoption of negative and exclusive legal reservation in the legislative law may make local government regulations escape from the legal regulation,and may neglect the interests of relevant people Protection.Through the analysis of Article 82,paragraph 6,to determine its basic connotation,and to examine the effectiveness and shortcomings of its regulation.From the perspective of profit and loss legislation,its regulation is too strong,which weakens the legislative ability of local government regulations,and is not conducive to local administration;from the perspective of benefit legislation,its regulation is too weak,which leads to the loopholes in the application of the principle of legal reservation,and is not conducive to the protection of the interests of relevant people.In this regard,from the above two dimensions,to seek the future path of local government regulation legislation: first,from the implementation of legislation,specific administrative legislation,and beneficial legislation to achieve the return of the main function of its legislation;second,through the authorization of the legislative system and the first legislative system to weaken its legislative authority for profit and loss to supplement the function;third,to try to introduce the importance theory,the level Fourth,it is suggested that the right subjects should interpret the article 82,paragraph 6 of the legislative law in order to clarify the applicable standards of the law. |
