| Regional collaborative legislation is a form of innovation formed in the practice of local legislation,and is the objective need to ensure regional coordinated development.The Plan for Building the Rule of Law in China(2020-2025)and the Implementation Outline for Building the Rule of Law in Government(2021-2025)have identified it as an important measure for the rule of law.On March 11,2022,the National People’s Congress review and revise the local people’s congresses and local people’s governments at various levels organization law,the third paragraph 3 of article 10,article 49 clearly put forward the two levels of local people’s congress and its standing committee shall have the right to coordinate regional development according to the actual needs to carry out collaborative legislation.At present,regional collaborative legislation is a practical field with innovative vitality and potential value of China’s legislative work,which is worthy of attention and research.In order to better play the role of collaborative legislation in promoting regional coordinated development,it is necessary to make a comprehensive analysis and clarify the problems existing in theory and practice.The general research idea of this article is to solve four problems with progressive relations: why should our country regional legislation coordinate?What is the use of regional collaborative legislation?What are the practical patterns,experiences and difficulties of regional collaborative legislation?How to better carry out regional coordinated legislation in the future?The full text is about 160,000 words,and the specific research will be carried out through three parts: introduction,text and conclusion.The introduction part focuses on the source background,concept definition,research status,research method and research ideas of the topic.The main part arranges four chapters.The first chapter mainly discusses the development motivation of regional collaborative legislation,and explains why regional collaborative legislation from four aspects.First,based on the perspective of regional social development demand for collaborative legislation.In terms of economic development,the problems of regional market rules,regional data circulation are analyzed,inconsistent legislation and different legal responsibilities,insufficient integration,coordination and resource sharing,and public services.Second,based on the guiding perspective of the national strategy to the collaborative legislation.The regional development strategy issued by the state has made the planning guidance and task requirements for the regional collaborative legislation,and the state also encourages the local legislators to carry out independent innovation.Third,the driving perspective of collaborative legislation based on common interests.For the relevant members in the region,the regional collaborative legislation is not only the need to optimize the legislative benefits,but also the need to maximize the common benefits.Fourth,based on the needs of regional governance modernization for collaborative legislation perspective.On the one hand,the overall development of regional legal development needs coordinated legislation;on the other hand,regional legal governance needs coordinated legislation.The second chapter mainly discusses the practical function of regional collaborative legislation and expounds the use of regional collaborative legislation from five perspectives.First,to promote legislative innovation to achieve the integration of legal resources.Regional collaborative legislation can innovate the form of local legislation,improve the legislative working mechanism,and integrate regional legislative resources.Second,to coordinate regional economic and social development.Regional collaborative legislation can coordinate social development,improve the benefits of regional resources,conform to the law of regional economic integration development,and form a joint governance force to break down regional market barriers.Third,to coordinate regional conflicts of interests.Regional collaborative legislation can provide good institutional rules for coordinating the conflicts of interest of all parties,enhance the legal binding force of the cooperation between local governments in the region,and promote the formation of a benign competition order among local governments in the region.Fourth,we will improve the effectiveness of regional governance.Regional collaborative legislation is the way and guarantee of regional collaborative governance,which can effectively promote the multi-subject cooperative governance in the region,and enhance the systematization and coordination of regional governance.Fifth,we ensured the implementation of the regional development strategy.Regional collaborative legislation is not only the legal guarantee of the regional development strategy,but also the way of realizing the regional development strategy.The third chapter mainly analyzes the practical pattern,legislative experience and legislative dilemma of regional collaborative legislation.First of all,combined with important time nodes and examples,briefly review the evolution history of regional collaborative legislation in China.Secondly,the mechanism construction and operation of the regional collaborative legislation,the legislation process,the legislative field and the project selection,and the system innovation effect in different collaborative legislation examples are analyzed by classification.The objects of empirical research are divided into two categories: first,from the perspective of inter-provincial and inter-city;second,from the perspective of regional social development,economic development,environmental protection,historical and cultural protection and public service.Moreover,the practical experience of regional collaborative legislation is summarized from the two aspects of commonness and individuality.Common experiences include: equal status of legislative subjects,independent innovation in legislative content,flexible and open openness in legislative text forms,consensus among multiple subjects through consultation,seeking common ground while reserving differences,and coordinated legislation relying on regional similar geoculture and legislative resources.Individual experience is specific: collaborative legislative mode innovation——Yunnan,Guizhou and Sichuan provinces jointly make legislation to protect the ecological environment of the Chishui River basin,collaborative legislative mechanism construction is relatively complete——Beijing-Tianjin-Hebei collaborative legislation,provincial legislature coordinated the three districts of Jiangxi Province to "jointly build Wugong Mountain".Finally,the practical dilemma of regional collaborative legislation is analyzed from both common and special perspectives.The common difficulties are as follows: First,the scope of authority and legal effect of collaborative legislation need to be further clarified.Second,the mechanism related to the social effectiveness of collaborative legislation needs to be further improved.Third,in the process of coordinated legislation,the leading role of the NPC needs to be further strengthened,legislative plans need to be carefully formulated as problem-oriented measures,and the overall planning and coordination of higher-level legislative subjects,and some legislative procedures need to be appropriately unified and standardized.Fourth,the collaborative legislation is mostly concentrated in the field of environmental protection,which is relatively single,and the matching degree with the regional development strategy needs to be improved.Fifth,the efficiency of the collaborative legislative system needs to be improved,the importance of the regional social development needs has not been fully valued,the unity of the legislative standards and standards needs to be improved,and there are risks of formalization and homogenization.Sixth,the cross-filing and dynamic cleaning system of collaborative legislation has not yet been improved,and the implementation effect evaluation system has not been effective.The special difficulties are as follows: The collaborative legislation of the Guangdong-Hong Kong-Macao Greater Bay Area faces difficulties faced with differences in system,legal nature,lack of legal basis and legislative basis.The cooperative legislation between Sichuan and Chongqing is facing the dilemma that the current local legal system cannot accurately cover the strategic needs of "two centers and two places".Cities divided into districts are faced with the dilemma of limiting the scope of local legislative power matters.The fourth chapter mainly discusses the perfect path of regional collaborative legislation in China,which is to put forward suggestions on how to better carry out regional collaborative legislation in the future.In view of the difficulties existing in the practice of regional collaborative legislation,six suggestions are put forward respectively.First,to define the authority of collaborative legislation,it is necessary to clarify the scope of authority of the legislative subjects and clarify the legislative power of the central and local governments.Second,we will further establish and improve the mechanisms related to collaborative legislation,including the collaborative trust mechanism,the interest compensation mechanism,the open consultation mechanism,and the public participation mechanism of collaborative legislation.Third,in the process of regulatory collaborative legislation,the NPC needs to strengthen the leading and collaborative legislation under the leadership of the Party,establish national and provincial collaborative legislative work guiding bodies,prudently promote the coordination of legislative plans,and appropriately standardize the collaborative legislative procedures.Fourth,to scientifically select the fields and projects of collaborative legislation,we need to strengthen the investigation and research of legislation in key areas,scientifically select the projects around the regional development strategy,and base ourselves on the common needs and the actual coordination space.Fifth,to improve the efficiency of the specific collaborative system in collaborative legislation,it is necessary to carry out institutional innovation guided by the needs of regional social development,unify the legislative standards and standards,and avoid "form coordination" and "homogenized legislation".Sixth,to establish and improve the system of guarantee for the achievement implementation of coordinated legislation,it is necessary to strengthen the supporting system guarantee for the cross-filing,dynamic cleaning and effect evaluation of coordinated legislation.Conclusion It points out that regional collaborative legislation is the practical product of local innovation and enthusiasm in the legislative field.It takes meeting the actual needs of coordinated regional development as the starting point,under the guidance of national strategy and driven by common interests,and takes the modernization of regional governance as the practical orientation.At present,the areas and fields of regional collaborative legislation in China are expanding,the pace of collaborative legislation is accelerating,and the degree of coordination between the legislative process and social effectiveness is deepening.China needs to optimize the institutional environment of regional coordinated development through regional coordinated legislation.By promoting the continuous expansion of the efficiency of the collaborative legislative system,the actual needs of coordinated regional development are gradually met,and the "synergistic effect" of legislative supply is formed.Of course,as a new form of legislation,regional collaborative legislation will not only form beneficial legislative experience,but also encounter different legislative difficulties in the process of practical exploration.Therefore,we need to constantly summarize the experience,examine the difficulties in practice,and improve the path of regional collaborative legislation.As an innovation of local legislation beneficial to national and regional governance,it is one of the key directions of regional legislation in China to drive the development of regional collaborative legislation through coordinated regions.In the future,the theoretical research of regional collaborative legislation in China still needs to be deepened continuously according to the practice.At the same time,regional coordinated legislation will have a certain impact on China’s legislative system,specific legislative process,legislative implementation and legislative effect evaluation,etc.It should be constantly adjusted and optimized in practice to better promote coordinated development among regions. |
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