Study On The Local Legislative Power Of Districts

In October 2014,the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China proposed that cities that divided into districts should be given the local legislative power according to law.Against the background of this party’s meeting,the state modified the legislative law of the People’s Republic of China,and announced it on March 15,2015.In the amendment,all cities that divided into districts in China are given local legislative power.Meanwhile,the local legislative power is restricted,and the Standing Committee of the provincial level of people’s Congress is authorized to determine the specific steps and time for the city that divided into districts to obtain legislative power under the local situation.Based on the revision of the legislative law of the People’s Republic of China in 2015,China’s legislative system has changed a lot,which marks that since then,more places can exercise local legislative power.Since then,the legislative history of China has added the legislative power of the city that divided into districts and the legislature with local legislative power has increased.Since the city that divided into districts has obtained the local legislative power,there has been a upsurge of local legislation in the city that divided into districts.Many cities with districts manage local affairs by making local legislation,which has brought many benefits to the local people.However,The provisions of the law on the power of local legislative power in District are not perfect,which has led to the emergence of many urgent problems that need to be solved in the local legislative activities.The purpose of studying the legislative power of the city that divided into districts is to make clear the scope of the legislative power of the city that divided into districts,so that the local legislature of the city that divided into districts can abide by the rules when they carry out the legislative activities,so that they can legislate within their powers without exceeding their powers,and ensure the unity of the legal system of our country,so that the central legislation and the local legislation can develop in coordination to serve the rule of law society together.Starting from the view of theory,this thesis introduces the background of the study on the legislative power of the city that divided into districts through the introduction,and lists some study of the domestic scholars on the legislative power of the city that divided into districts.Then,based on the current legal system of our country,it introduces and analyzes the legislative power of the city that divided into districts,so as to clarify the scope of the legislative power of the city that divided into districts,and at the same time,it points out the shortcomings of the current laws on the local legislative power of the city that divided into districts,and puts forward some suggestions for these shortcomings.This thesis mainly expounds the following four aspects:The first part is an overview of the legislative power of the city that divided into districts,clarifying the concept of the legislative power of the city that divided into districts,describing the principles of local legislation,introducing the development of the legislative power of the city that divided into districts,and pointing out the theoretical basis of the legislative power of the city that divided into districts and the basic motivation of expanding the legislative power of the city.The second part introduces the existing laws on the jurisdiction of local legislation of cities that divided into districts,and analyzes legislative authority of cities that divided into districts from perspective of vertical legislative authority and parallel legislative authority.At the same time,it discusses the special provisions of the laws on the regulations of local governments of cities that divided into districts.Secondly,it divides the jurisdiction of local legislation of cities divided into districts and the legislative authority of other legislature,and compares them with other relevant ones to clarify the scope of authority of the local legislation of the city that divided into districts.Finally,it discusses the application of the principle of non-conflict,so that we can more clearly understand the legal provisions of the local legislative authority of the city that divided into districts.The third part focuses on the deficits of the provisions on the jurisdiction of local legislation of cities that divided into districts in China,which mainly including the following four aspects: first,the scope of the three types of local legislation that can be set by the laws of China for cities that divided into districts is relatively vague,resulting in difficulties in the process of local legislation practice;second,compared with the original larger scope of municipal and local legislative matters,the scope of items that the existing laws can set local legislation for cities divided into districts has been narrowed;thirdly,the concept of administrative measures involved in local government regulations is vague,which makes it difficult for the Municipal People’s government divided into districts to formulate local government regulations;fourthly,the scope of local affairs that can be regulated by local legislation is vague,which makes it difficult for the city that divided into districts to make local legislation to serve local affairs within the scope of authority.The fourth part puts forward some suggestions for the problems existing in the provisions of the local legislative authority of the city that divided into districts,including making detailed provisions to clarify the local legislative authority of the city that divided into districts,expanding the scope of the local legislative authority of the city that divided into districts,clarifying the concept of administrative measures involved in local government regulations and clarifying the scope of local affairs.Under guidance of these suggestions,the author hopes to clarify the legislative authority of the city that divided into districts,solve the difficulties existing in the formulation of local legislation of the city that divided into districts,and promote the development of local legislation.