Investigation On The Problems Of Regional Administrative Legislation System In China

In China’s regional administrative legislation system,there are currently issues such as disputes over the legitimacy of legislative achievements,weak binding force of collaboration means on collaboration parties,unclear filing and supervision objects,and lack of effectiveness level provisions and conflict resolution mechanisms.On the issue of legality,at present,China’s laws do not explicitly stipulate the legality and constitutionality of regional administrative legislative activities and their products.Therefore,regional administrative legislative activities have always remained within the scope of tacit approval by the law.Compared with more mature legislative activities of regional people’s congresses,they lack the explicit support of the law.Therefore,as one of the collaborative activities of regional legislation,regional administrative legislation should receive the same clear legal support as the legislation of regional people’s congresses,as does Article 10 of the Local Organization Law.Currently,in the actual operation process of regional administrative legislation in China,the participating parties mainly adopt two main methods for legislative cooperation:intergovernmental consultation mechanism and intergovernmental administrative agreement.However,neither intergovernmental consultation mechanism nor intergovernmental administrative agreement lacks a mechanism for restraining and punishing the party participating in the legislation for taking the lead in negative performance and unilateral breach of contract,Not only has it increased the possibility of the breakdown of regional administrative and legislative cooperation activities,but it has also made the regional administrative and legislative cooperation mechanism virtually lacking in protection and difficult to sustain.Even if it is not possible to include intergovernmental administrative agreements in the scope of administrative litigation for the time being,it is necessary to establish a mechanism for monitoring the filing and performance of intergovernmental administrative agreements,publicize the non performance of administrative agreements,and increase the cost of contracting parties’ breach of contract.In response to the issue of unclear monitoring targets for the filing of regional administrative legislation products,before the central government and legislative bodies strengthen relevant legislative work on the filing and supervision of regional administrative legislation,and introduce corresponding laws and regulations to specifically address this issue,the regional common regulations for the products of regional administrative legislation should not only conduct the filing and review work in accordance with the current filing and review provisions of local government regulations,It should also be filed with local governments and the Standing Committee of the People’s Congress that may not be the subject of its formulation.In response to the lack of effective hierarchical provisions and conflict resolution mechanisms for regional administrative legislative products,we currently believe that the effectiveness of its products is above ordinary local government regulations and below administrative regulations formulated by the central government.Regarding the issue of conflict of effectiveness,before the introduction of relevant central legislative provisions,a specialized regional administrative legislation deliberation and coordination body can be established,allowing participants in regional administrative legislation activities to use this body as a platform to discuss the conflict between regional common regulations and other local administrative legislation and local regulations,the product of regional administrative legislation,before submitting disputes to higher authorities or the central government for adjudication.