| The Organic Law of Local People’s Congresses and Local People’s Governments of People’s Republic of China of 2022 and The Legislative Law of 2023 have added provisions on regional collaborative legislation,and the issue of the legitimacy basis of regional collaborative legislation has been alleviated,but issues such as the lack of relevant procedural laws and supporting systems still need to be addressed.Due process is not only an important means for society to control legislative power,but also a necessary way to achieve substantive justice through fair procedures,and ultimately to achieve the goal of legislative values.There is a rich discussion on due process,but a synthesis of relevant theories shows that legality,democracy,efficiency and control of power constitute the core elements of due process.Due process also has positive significance for regional collaborative legislation,which should also follow the basic requirements of legality,democracy,efficiency and control of legislative power.From a practical point of view,Beijing-Tianjin-Hebei region and the Yangtze River Delta have started to explore collaborative legislation earlier,and the relevant legislation mainly focuses on cross-regional matters such as urban and rural economy,environmental protection and transportation.These practices have accumulated rich experience,and the relevant innovative initiatives are worthy of attention.However,to observe from the perspective at the requirements of due process,it should be certain that there is still room for improvement in regional collaborative legislation,including the need to enhance the procedural legality of regional collaborative legislation,the need to strengthen measures to guarantee democracy such as openness and public participation,the need to improve the efficiency mechanism suitable for regional collaboration,and the need to strengthen the power control mechanism such as legislative review and approval.Based on theoretical analysis and practical review,the system related to regional cooperation legislation in China should be further optimized in the future.Based on the consideration of due process,it is appropriate to adopt a comprehensive legislative system based on national legislation as the path for optimizing regional collaborative legislation.In terms of specific institutional rules,we should further promote the improvement of institutional rules based on the requirements of due process.To establish clear procedural mechanisms for regional collaborative legislation to ensure the stable and sound operation of regional collaborative legislation,construct institutional mechanisms such as openness,public participation and coordination of interests that are suitable for the characteristics of regional legislation to strengthen the democracy of regional collaborative legislation,establish effective mechanisms for collaborative communication and legislative evaluation to improve the efficiency of regional collaborative legislation procedures,and establish effective rules for filing and review to ensure the establishment of effective rules of filing and review to ensure the controllability of regional collaborative legislation is a feasible countermeasure to further improve the regional collaborative legislation system under the perspective of due process. |
