A Study On The Localization Of Local Legislation In China

With the deepening of China’s political system reform and the construction of the rule of law,the power and responsibility of local legislation have gradually increased.At the same time,local economic,social,cultural,and other aspects also exhibit a diverse and differentiated characteristics.Local legislation is often more effective in local governance than central legislation because it understands local realities,can adapt to local conditions,and effectively solve local practical problems.The irreplaceable advantages of local legislation compared to central legislation are mainly reflected through locality.Locality is the soul of local legislation,and the current academic research on it remains more at the theoretical level.Many scholars are emphasizing that local legislation should integrate local realities and reflect local characteristics,but there is no unified understanding of local standards,and there are inevitably gaps in the solution of problems due to different perspectives.This article takes the current lack of local legislation as the starting point for research.The first part first clarifies the research background and significance of locality,summarizes the current research status of the academic community on locality through reading relevant literature,and uses literature analysis,empirical analysis,and comparative analysis methods to conduct in-depth research on the basis of the current research status,while pointing out the innovation points of this article.The second part mainly highlights the importance of locality in local legislation.Including the value embodiment and important position of locality in local legislation,local legislation can make up for central legislation,make up for gaps,solve regional practical problems,and also become a "test field" for legislative innovation.The reason lies in the local requirements of local legislation.Highlighting locality is the purpose of the central government granting local legislative power,so locality is also a prerequisite for local legislation,The quality of local legislation must pass the local test.Without locality,it is not a good local legislation.The third part focuses on the current situation of local legislative deficiencies and their harm through empirical analysis.Although the actual situation varies from place to place,the convergence of legislative form and content is widespread.At the same time,due to insufficient attention to locality,some local legislations act recklessly,resulting in conflicts with superior law.This also leads to the harmful consequences of waste of legislative resources,difficulties in law enforcement and justice,violations of civil rights,and thus undermining the unity of the national legal system.As a result,the exercise of local legislative power deviated from the original intention of local governments to enjoy legislative power.The fourth part analyzes the main reasons for the lack of local legislation.The first is the reason for the main body of legislation.Currently,local legislators are lacking in professional literacy,and some legislators have a fear of responsibility and deliberately avoid legislative risks.Secondly,the local standards of local legislation are vague,and it is often difficult for legislative organs to correctly understand and grasp the standards of local ambiguity,which leads to the lack of local legislation.Thirdly,there is a misplaced view of legislative achievements in various localities,where legislation only focuses on quantity rather than quality.How can we talk about attaching importance to locality.Finally,there is insufficient legislative supervision.Local legislation needs to go through a series of legislative procedures.Without strong supervisory measures,the legislative process may become a mere formality,and the examination of the local nature of local legislation will naturally not attract sufficient attention.The fifth part of this article is about specific measures to enhance the local nature of local legislation.After analyzing the reasons for the lack of local legislation in the previous part,the way out to solve the problem lies in first paying attention to the improvement of the capacity of legislative bodies,secondly,clarifying local standards,thirdly,correcting the misplaced view of legislative achievements,and finally,strengthening the supervision of the entire process of local legislation,Examine each legislative link to make local legislation truly local.