A Study On The System Of Authorization Of Local Regulations In China

Authorizing local regulations holds the quite important position in the legislation of Standing Committee of National People's Congress of the province and the autonomous region. In recent years, the Standing Committee of People's Congress at provincial level according to " Constitutive Law of all Levels of National People's Congress and all Levels of People's Government of PRC" as well as " Legislation Law of PRC" has authorized a lot of local regulations. These local regulations has played the vital role to promote the local economy, society's development and the legal system unification. On the one hand the authorization of local regulations is worked well, on the other hand there are some questions to the system of authorization of local regulations. What role has the system of authorization of local regulations played in legislation in China ? What does it bring? How did it be, change and what is its destiny? We should pay attention to these questions. The practice of modernization of law in China should be specific, and the attention to the system of authorization of local regulations is a focus on specific practice. Framework of this dissertation consists of three parts: the first part is the preface introducing original intention; The second part is the body, which　is　made　up　of　four　chapters; The third part is epilogue, to summarize the whole dissertation . The　body　is　made　up　of　four　chapters:　The first chapter outlines the system of authorization of local regulations in China. First, the dissertation presents the definition of legislation authorization on the foundation of the extant concept of authorization of legislation , at the same time the dissertation elaborates the function of authorization of legislation from three aspects. Next, this part limits this dissertation's object. This dissertation's object is restricted in the authorization of local regulations about the Provincial Capital City, the City Special Economic Zone located and the Big City authorized by State Council . This chapter's significance lies in preparing for the under chapters . The second chapter is the legal system research about the authorization of local regulations. Theory analysis and demonstration study is united nearly in this part. First, from the origin and the development of the authorization of local regulations this chapter elaborates the legal system of basic law. Next, from ten aspects this chapter elaborates the legal system of the Provincial regulation of 22 provinces as well as 5 autonomous regions in China . The goal of this part lies in making the readers to understand the legal system of authorization of local regulations. The third chapter is the practice of the provincial Standing Committee of the National People's Congress authorizing the local regulations . This part mainly uses the sociological research technique. First, this dissertation counts the number of local regulations about 27 province and points out the questions before Legislation Law. Next, this text counts the number of local regulations about 27 province after the Legislation Law, at the same time this part inspects the practice of authorization of Zhejiang Province. This chapter's significance mainly lies in: through the demonstration study making the readers to understand the system of authorization of local regulations , promulgating the questions and preparing for the fourth part . The fourth chapter is the forecast to the system of authorization of local regulations. On the foundation of the research of front legal system and the demonstration study, this chapter forecasts to the authorization of local regulations . First, the dissertation suggests to enhance the system of authorization of local regulations from five aspects. Second ,we should enhance the local regulations'quality. Finally, we should consummate the surveillance. The local regulations has made the contribution to China .although there are a lot of problems, the system of authorization of local legislation will certainly achieve a more perfect stage in the future, and these are the reasons we pay attention to the system.