Study On The Duplication Of Central And Local Legislative Powers

The two important problems in promoting the modernization of national governance system and capacity are "the homogeneity of government functions at upper and lower levels" and "the duplication of local legislation".The essence of these two problems lies in the duplication of legislative powers between the central and local governments.By defining the concept of legislative power,this paper clarifies that the problem of duplication of legislative power between the central and local governments is mainly manifested in the homogenization of legislative functions and the homogenization of legislative texts between the central and local governments.The disadvantages of the duplication of legislative powers between the central and local governments are the destruction of the unity of the national legal system,Isomorphism of lower and lower government functions and the weakened function of public opinion expression in local governance.The reasons for the duplication of legislative powers between the central and local governments are the unclear division of legislative powers in the constitution and laws.From these three aspects of manifestation,drawbacks,and causes,it is clear that in a mega-governance space like China,to bring into play both central and local initiatives,it is necessary to combine the pressures of both centralized "top-down" power and democratic "bottom-up" power.We must distinguish between local autonomy and central delegated authority,reduce the hierarchy of authority,and bring the democratic dynamics into the National People’s Congress to create dynamic local governance.