A Study On The Exercise Of Legislative Power In Districts

In 2015,the Legislation Law was amended to extend the main body of legislative power to all districts.The decentralization of legislative power in districts not only meets the growing demand of local legislation and promotes the prosperity of legislative work,brings about potential legislative risks and causes people to worry about the "Great Leap forward" legislation.In the current unified and multi-level legislative system,the city with districts legislation is faced with the realistic dilemma of how to coexist with the upper law.According to item 2 of Article 72 of the Legislation Law,this item sum up three existing problems,Principle of Non-contradiction and application of standards,the clear authority of the legislation in the district and the approval from the examining and approving organization.The author hopes to further understand the standard exercise of the legislative power of the city through the discussion of the three aspects.The author discusses item 2 of Article 72 of the Legislation Law,combs the legislative norms and the three problems in the exercise of legislation.Starting from the history of the exercise of the legislative power of city with districts,this paper probes into the relationship between the legislative power of city with districts and the larger cities,and makes a vertical combing of the local legislative power.Then the author reviews the legislative system with decentralization,and summaries the influence of decentralization model with flexibility,standardization and increased risk of conflict.Next is the core part of this article.the author hopes to find out,In the face of the three questions,how to exercise the legislative power of the city with districts under decentralization model.This article is mainly divided into four parts: first,discusses the basic issues of legislative power in districts,and describes the formation and evolution of legislative power diachronically,and reunderstands the concepts of unitary system,unity of rule of law,and so on;second,Explain and demonstrate the legislative system of the current decentralization mode,highlight the background of the exercise of the legislative power of the city with districts,and explain the practical impact of the decentralization model on the legislation of the city with districts;third,The author points out that the dilemma of the legislative exercise in the district is embodied in three aspects,the understanding and application of the principle of decentralization model,the dispute over the exercise of the legislative authority,and the approval form of the examining and approving organization.Fourth,according to the dilemma put forward in the third part,give the corresponding explanation and solve the way.