Research On The Local Legislation Authority Of The City With District

On March 15,2000,the third session of the Ninth National People’s Congress passed the "legislative law of the People’s Republic of China"(hereinafter referred to as the "legislative law")to make clear provisions on the central and local legislation.On March 15,2015,the revised "legislative law" granted local legislative power to all the cities divided into districts,which marks that the development of local legislation in China has entered a new stage.Cities divided into districts solve some specific problems restricting local economic and social development through legislation.On March 15,2018,the third chapter of the constitutional amendment passed added the concept of the city divided into districts,stipulating that the city divided into districts can formulate local laws and regulations,which expands the subject and scope of local legislation from the perspective of the national fundamental law.The central government devolves the legislative power to the cities divided into districts to meet the legislative needs of local governance.Although the legislative law has made provisions on the legislative authority of cities divided into districts,namely "urban and rural construction and management,environmental protection,historical and cultural protection"(hereinafter referred to as "three types of matters"),the specific content of the three types of matters in the legislative law is not clear enough,which leads to some disputes on the understanding and implementation of the legislative authority of cities divided into districts.The unclear provisions of the legislative authority of the city divided into districts lead to some confusion in local legislation,which needs to be studied and solved urgently,so as to make the city divided into districts carry out in a standardized and orderly manner within the scope of legislative authority.This paper starts from the legislative authority of the city divided into districts in the legislative law,summarizes the relevant local legislative experience and existing problems,and puts forward relevant suggestions to solve the problems by summarizing and combing the relevant expert views,conducting theoretical analysis.This paper is divided into four parts:The first part combs the theoretical knowledge of local legislative authority,which lays the foundation for the following discussion on the legislative authority of cities divided into districts.First of all,clarify the connotation of the legislative power of the city divided into districts and local.Secondly,it combs the historical development of China’s local legislative power after the founding of the People’s Republic of China.Finally,it summarizes the role of local legislative power given by the central government to the cities divided into districts,that is,to meet the needs of local governments to suit measures to local conditions,to ensure the local initiative to play,to facilitate the construction of the rule of law in national governance,to enhance the operability of the law and to maintain the process of democratization.The second part,first of all,combs the relevant provisions of the current law on the legislative authority of the city divided into districts,mainly Article 72 of the legislative law.Secondly,this paper analyzes the legislators’ opinions and discussions on the scope of jurisdiction of the three drafts in the process of amending the legislative law,so as to explore the original intention of amending the law.Finally,it summarizes the academic views on the legislative authority of the city divided into districts,mainly focusing on whether the legislative authority meets the actual legislative needs of the city divided into districts,the broad and narrow understanding of "urban and rural construction and management" and the three understanding routes of the word "etc".The third part analyzes the deficiencies of the legislative authority of the cities divided into districts in China.On the one hand,there are different understandings of the legislative authority of the city divided into districts.That is to say,there are three kinds of issues in the horizontal scope of the legislative law,especially the boundary of "urban and rural construction and management" is not clear,and the understanding of "etc" is different《 The authority of cities with larger vertical scope of the legislative law is not well connected with that of cities divided into districts,and the legislative authority of local laws and regulations of cities divided into districts is not clear.In practice,there are some problems in the process of exercising legislative power in cities divided into districts: some local legislation goes beyond the scope of horizontal authority,some local legislation goes beyond the scope of vertical authority,and some local legislation goes beyond the special restrictive provisions of the law.The fourth part is to improve the legislative authority of the city divided into districts.On the one hand,it is necessary to improve the legal provisions of the legislative authority of the cities divided into districts,further clarify the horizontal scope of the legislative authority of the cities divided into districts,and clarify the three categories of matters,especially the boundaries of "urban and rural construction and management" and "etc.";Further clarify the vertical scope of local legislative authority of cities divided into districts,bridge the gap between the legislative authority of larger cities and cities divided into districts,and clarify the authority of local laws and regulations of cities divided into districts.On the other hand,we should strengthen the supervision over the exercise of local legislative power by cities divided into districts to prevent them from legislating beyond their authority.By improving the local legislation approval system,improving the local legislation record review system,strengthening the local legislation evaluation system and so on,we can control the ultra vires legislation of the city divided into districts.