| On March 15,2015,the 12 th session of the National People’s Congress examined and approved the latest revision of the legislation law of the People’s Republic of China,one of the biggest bright spot is endowed with the local legislative power in a city divided into districts.The revision of the legislative law,on the one hand,catering to the demands of the local governance under the rule of law,to promote the rule of law in an all-round way,arouse the enthusiasm of local is of great significance.But on the other hand in the exercise of the legislative power in local legislation also meet many problems,especially in the aspect of legislative matters to define the scope,is a challenge for the city divided into districts.How to break the legislative power in item scope is not clear and lead to a series of problems,solve the problem of legislative items range of specifications and implementation difficulties,make the city divided into districts in legislative matters within the scope of orderly and stable method,has become the focus of academic circles together.Article will base on the example of the "legislative law" the 72 th regulation,summarize the past experience of local legislation,in view of the city divided into districts legislative items is not in the scope of the new situation and new problems,the legislative power in issues range specification and implementation difficulties make a comprehensive analysis,and aimed at the improvement of the specific path.Through discussion the legislative power in item scope definition mode as well as the theoretical basis,to analyze the legislative power in matters of dilemma lay the foundation.First in the theoretical level,the new "legislative law" the 72 th issue of the legislative power in range is set in the "urban and rural construction and management,environmental protection,history and culture","such as" aspect,the principle,the expression of fuzzy lead to legislative matters in scope is not clear.Provincial legislative powers and divided into districts,on the other hand,the municipal authority longitudinal legislative authority is not clear;Secondly in terms of actual exercise the legislative power,due to legislative matters in scope is not clear,legislative experience is insufficient,lead to the plight of single local legislative power abuse and local legislation,local protectionist legislation and legislative repeat problems.Give in a city divided into districts of the city legislative power to districts bring opportunities at the same time also brought great pressure,due to the fuzziness of language led to the legislative power item scope is not clear,resulting in a series of practical difficulties.In view of the city divided into districts in the legislative items,scoping the difficulties encountered in the process of city divided into districts should follow the scientific legislation,democratic legislation,legislation,with local characteristics in accordance with the guiding principles for legislative matters within the scope of the legislation.On the other hand,the higher the legislature as well as the city divided into districts shall clearly define the scope of legislative matters as soon as possible,improve the mechanism of the exercise of the legislative power of the city divided into districts,and play a guiding role of the districts and municipal on legislative,safeguard public participation channels unblocked,strengthen legislative oversight,highlight the characteristics of local legislation,improve the quality of legislation in.To turn pressure into motive force,give full play to the legislative power,in the local governance into the orbit of rule by law. |
