The Plight Of Our Local Legislation And Thinking

Local laws and regulations is a socialist legal system with Chinese characteristics and an important component of the local people’s congresses and their standing committees exercise of local state power is an important form of expression, related to the national legal system, complete or not, at the same time, to guarantee the Constitution, laws and administrative regulations in the implementation of the administrative area, maintaining uniformity of law, promote the reform and opening up and socialist modernization drive and promote the healthy development of social undertakings, etc. have played an active role.However, in reality, due to inadequate systems and improvement of some of the irrational factors become unwritten custom set, resulting in local laws and regulations can not effectively play the role, its social impact, applicability, legal authority, legal effectiveness have been affected, Therefore, perfect local legislation mechanism, bring the local regulation effect into play sufficiently, will have become the basic approach improving the local legislation efficacy. Make a general observation of academic circles composes in reply at present legislation practice, the existence research seldom, already relates that only as far as discussion how to bring the local legislation effect’s into play composes in reply research result as far as local legislation detecting is standard, the angle brings forward a variety of sharpening legislation measure method or exclusively from sociology, is short to how to leaving science of law theory and practice operation for research but comparison discovering and bringing forward the measure restricting the factor that the local regulation effect brings into play and answering, Besides the introduction, will also focus on how to give full play to the role of local legislation, discusses three parts:The first part, the basic theory of local legislation in China. First of all, the local legislation, characteristics, status, development process are explained; secondly, to China’s local legislation present situation as well as the western local legislative authority, local legislative procedure standards and local regulations formulated, the application effect of brief introduction.The second part, the local legislation problems in running. The first section, on China’s local legislative democracy, legislation process and the lack of participation by the masses of low problem; second section, from the local laws and regulations the limitation of legislation such as the lack of prospective analysis; section third, for local regulations in carrying out the problems that exist in the analysis; section fourth, on the local legislation in the judicial organ judicial application situation analysis.The third part, promotes our country local legislation countermeasure of function. One is to reflect local characteristics, the drafting of specifications, deepen the respect such as structure of local legislation to achieve "good law"; two is to strengthen law enforcement from the implementation of strength and people participation, improve the legislation; the three is to investigate how to improve the local regulations in judicial trial in the applicable effect; four is to promote legislation law enforcement and the benign interaction; five is to improve the local legislative procedure system design of the implementation of laws and regulations, enhance efficiency.