| Legal interpretation plays an significant role in communicating the "Book Law" and the "Real Law".As the number of laws is increasing and law enforcement and justice issues are prominent,legal interpretation has attracted growing attention from domestic legal research.Professor Wang Liming once mentioned: " Under the background of comprehensively strengthening the application of law,China’s legal construction must inevitably shift from legislation to interpretation." As the extension of national legislation and the main form of local legislation,local regulations are closely related to social conditions and civic interests and play a unique role in promoting local economic and social development.Especially after the city divided into districts has obtained the legislative power,they will play a huger role in implementing the central legislation and promoting independent and effective local governance.Therefore,interpretation of local regulations is an academic wilderness worthy of further reclamation.So in the context of China,what are the legal provisions regarding the interpretation of local regulations? How does it work in concrete practice? What are their characteristics?What are the deficiencies? How to solve it in the end? This series of questions is of great practical and theoretical significance and needs to be answered one by one.Following these questions,this article comprehensively uses normative analysis and empirical analysis to advance the research layer by layer:(1)summarize the current research situation at home and abroad,and pave the way for the in-depth research later;(2)to illustrate the interpretation of China’s local regulations from the theoretical perspective,start from the view of legal hermeneutics and legislative science to find corresponding academic supports,analyze the meaning and mechanism principle of the interpretation of local regulations,and conclude main functions of the interpretation of local regulations;(3)to rethink the interpretation of China’s local regulations from the perspective of legal norms,elaborate the relevant legal norms at the national and local levels,and then sum up the defects in the legal texts that the national laws have been incomplete and local regulations have been inconsistent;(4)to further explore the interpretation of China’s local regulations from the level of operating practice,discuss relevant examples based on the actual interpretation of local regulations,and strive to reveal the current difficulties in practice that the Standing Committee of the Local People’s Congress has shelved the power of interpreting local regulations,Legislative Affairs Committee of the Standing Committee of the Local People’s Congress has overused the power of replying to local regulations,the local government agency has exceeded its power to interpreting local regulations,the writing of books on the paraphrases of local regulations needs to be strengthened,and the information transparency on the interpretation of local regulations is relatively low;(5)according to these outstanding issues summarized above and the ideal interpretation mechanism of local regulations,propose sound ideas in line with China’s national conditions and realities,that are,to improve the legal framework for the interpretation of local regulations,and to enhance the practical utility of the interpretation of local regulations. |
