Research On Local Legislative Duplication

China’s "Legislative Law of the People’s Republic of China" was amended in 2015 to expand the main body of local legislative power and to grant district-based cities enjoy local legislative power,which is of great significance to the development of local legislative power.However,in practice,with the deregulation of local legislative power,a large part of the problems and deficiencies of local legislation have also emerged.The most prominent one is the duplication of local legislation.Due to the existence of a large number of repeated legislative problems,which violates the original intention of the central government to expand local legislative power,and also undermines the function of local legislative power,therefore,regulating the problem of local legislative duplication in China has become a top priority for local legislation.This paper starts with a summary of the relevant theories of local legislative duplication,and analyzes the dangers of local legislative duplication in depth.It explores the existing status and hazards,and then proceeds from the structural constraints of local legislation,the subjective level of local legislation,and the impact of system level Three major directions explore and sort out the reasons for the duplication of local legislation.Finally,combined with the causes of repeated occurrences of local legislation,put forward corresponding reasonable suggestions,and strive to achieve a good development of local legislative power in China,effectively regulate the problem of duplicated local legislation,and promote local development of "good law" with local characteristics.This paper removes the introduction and the conclusion.The main content is roughly divided into four parts.The first part is to explain from the basic theory of local legislation duplication.After demarcating the standards,it clarified the relevant concepts in the local legislation duplication,that is,the differences and connections between the plagiarism,copying of legislation and duplication of legislation.Discussed the three.Finally,the concepts of duplication and non-duplication in duplicate legislation are proposed.It also defines the duplication of local legislation,analyzes the main situations and considerations of necessary duplication and unnecessary duplication,clarifies the scope of the necessary duplication of local legislation,and the necessity and necessity of the duplication of local legislation.In the second part,this paper focuses on the dangers of duplication of local legislation.It sorts out the dangers of duplication from both the internal and external directions of the danger of duplication of legislation.The impact is divided into two major hazards:increased legislative costs and the formation of legal paradoxes.From the impact on the external environment of legislation,it is divided into the damage to the uniformity of the legal system,the decrease in the authority of regulatory documents,and the function of local legislative power Damage and other three major hazards.The third part is the analysis of the reasons for the duplication of local legislation.The best way to solve the problem of duplication of local legislation is to have a deep and clear understanding of the cause of the problem.Therefore,this article analyzes the causes in this part.First,the causes are divided into three major parts:the structural constraints of local legislation,the subjective cognition of local legislators,and the influential factors at the system level.Among them,the causes of structural constraints are again divided into the two aspects of local legislative performance orientation and path dependence of departmental legislation;the causes of subjective cognition of local legislators are divided into three aspects:misunderstanding of the principle of "no conflict",the thinking set of local legislators,and the systemic thinking of local legislators in pursuit of "big and complete";the factors of the system-level influencing factors are subdivided into unclear legislative powers,the lack of a legislative review mechanism,and legislative feedback channels Narrowness and other three aspects.Analyze and analyze the causes of the legislative duplication problem,explore the causes of the local legislative duplication problem from various angles and levels,in order to find out the methods and measures to fundamentally solve the legislative duplication problem.The fourth part deals with the regulation of repeated local legislation.Through the analysis of the reasons for the duplication of local legislation in the previous part,we find a strategy to resolve the duplication of local legislation.This paper conducts regulation of legislative duplication from three perspectives.The first is to address the subjective aspects of local legislators,including the need for local legislatures to correctly understand the "non-conflict" principle,to overcome local legislative formalism,and to establish a sound profession.There are three aspects,such as the establishment of a legislative team,and the second is to strengthen the regulation through the third-party participation angle of local legislation,that is,the local legislature should improve the legislative hearing process and expand the participation channels of legislation.The third is to regulate from the perspective of the repeated improvement of local legislation,including three aspects:local legislators must clarify the limits of local legislative authority,improve the review mechanism of local legislation,and improve the post-legislative evaluation system.This paper proposes regulatory recommendations on legislative duplication from three perspectives and eight aspects,and responds to the causes of legislative duplication in various aspects,with the hope of achieving the purpose of avoiding duplication of local legislation and enabling local legislative power to be effectively implemented.