A Study On The Legality Of Regional Collaborative Legislation As Creative Local Legislation

Regional integration and coordinated development strategy is an important path to accelerate the construction of a new pattern of development in China.The realization of regional coordinated development undoubtedly needs a unified legal system to protect it.This has created a realistic opportunity and space or social basis for further innovating the legislative system and providing the corresponding legal supply.At the same time,as a new legislative product of regional cooperative legislation,there is still a constitutional and legal basis problem that needs to be solved in jurisprudence,which is the intention of this paper.China’s regional collaborative development has become a national strategy,and the state has formulated development plans for relevant economic zones,but there are still no clear provisions for regional collaborative legislation.Regional coordination legislation,legislation that goes beyond the boundaries of administrative regions,some localities to seek development,together with each other for warmth,coordinated governance and development.Therefore,from the macroscopic point of view,the regional cooperative legislation in our country should belong to the category of local legislation.According to its legislative subject,regional collaborative legislation can be roughly divided into collaborative rules and regulations.From the scope of local legislation,the principle of "non-conflict" and the principle of "according to" are the primary principles for the legitimacy of local legislation,and the laws and regulations jointly formulated by local governments are no exception.According to the connotation and expression of the principle of "not contravening" and the principle of "in accordance with",the laws and regulations jointly formulated by local governments do not violate the above principles and are in line with the legitimacy requirements of local legislation in China.Therefore,it can be seen that regional cooperative legislation is not a constitutional structural problem in essence,but a problem that lacks clear legal basis.As an innovative local legislation,regional cooperative legislation does not go beyond the existing legislative system or break through the existing constitutional framework.Although it is different from the general local legislation,it still belongs to the category of local legislation,but it surpasses the defects of the general local legislation,so it is a new type of creative local legislation.