| The amendment of the Legislative Law in 2015 has expanded the legislative power to all municipalities with districts,and how to exercise the legal authority of decentralization is both an opportunity and a challenge for the newly authorized municipalities.The development of local economy and society in the cities with districts will inevitably require the expansion of autonomy and rising space in the local rule of law.The strong demand for local legislation in the cities with districts provides the possibility for the arbitrary exercise of local legislative power in the cities with districts,and the lack of municipal legislative capacity in many new districts,which is prone to overstepping legislation,conflict legislation and duplication of legislation.In order to meet the local legislative needs of the city with the district in high quality,it is necessary to supervise the local legislation of the city with the district.China’s Constitution and laws restrict the local legislative power of many specific content,but in the city of the district of local legislative practice or exposed some problems.As the 2016 Standing Committee of the National People’s Congress Legal Work Committee in response to the Hangzhou resident Pan abin’s review of the recommendations,the city of Hangzhou formulated the Road Traffic Safety Regulations,some provisions of the violation of the upper law.One of the reasons for these problems lies in the process of local legislative supervision of cities with districts,the subject of legislative supervision can not make good use of local legislative supervision means,do not actively act,but also have local legislative supervision subjects on the various supervision standards grasp is not unified,so that the local legislative supervision function and effectiveness of the city set up districts greatly reduced.At present,the problem of local legislative supervision in cities with districts is manifested in: unclear boundaries of local legislative power in cities with districts,scattered supervision functions of the subjects of diversified local legislative supervision,deficiencies in various modes of supervision,lack of responsibility of supervisory subjects and weak supervision of local legislation by public participation.Combing through a large number of local laws and regulations formulated by the cities with districts in recent years,combined with specific case studies,we find out the local laws and regulations of the cities with problems,and examine the problems of local legislative supervision.In order to make up for these shortcomings and construct a system,norms and coordinated municipal legislative supervision system,it is necessary to change the concept of local legislative supervision in a timely manner,guide local legislative supervision with Xi Jinping’s idea of rule of law,clarify the boundaries of local legislative power in cities with districts,set up special local legislative supervision bodies,improve local legislative supervision methods,create the responsibility of local legislative supervision subjects in construction areas,and guide the public to actively participate in local legislative supervision. |
