Conflict And Balance Of Interests In Local Legislation On Fireworks

The issue of interests is a prominent problem that restricts the quality of local legislation in China in the current process of local legislation.The interest itself has the public attribute,while the interest that produces the interest tendency in the local legislation is separated from the public interest attribute,which is manifested as leading the legislative process,expanding the power through the law,pursuing the interest through the law,and setting more obligation norms for the relative person.The alienation of interests and the kidnapping of local laws and regulations deviate from the nature of public interests,undermine the self-consistency of the legal system,and undermine the authority of the rule of law.Local legislation involves the diversity of interests and the diversity of interest subjects,as well as the institutionalization of legislative interest conflicts,which are the reasons for the conflict of interest in local legislation.As a legislative method,the balance of interests mainly includes two aspects: one is the choice of value,the other is the division of interests.The value choice is the balance of interests in the legislative process is the institutionalized arrangement of the value order,and the interest division is the distribution of interests of different interest subjects under the value choice mode after the determination of the basic value choice.Based on this theory,this paper analyzes the interests of all parties in the local legislation of fireworks in Panjin,including the prohibition and restriction of fireworks,the prohibition and permission of sales,the responsibility of hotels and property enterprises,the way and results of interest measurement by the legislative department,and the existing problems in the interest balance made by the legislative department,and puts forward targeted suggestions for improvement.