| The dissertation’s object is restricted in larger cities’regulations. It includes local regulations about the Provincial Capital City, the City Special Economic Zone located and the Big City authorized by State Council. This paper will mainly discuss the application of law in larger cities’regulations and provincial regulations.In order to solve the problem mentioned above, First of all, we should search legal basis in statutory law."Constitution of the People’s Republic of China","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" hasn’t provided legal basis for the legal level of the two regulations. The system of authorization of local regulations can’t reasonably deduce that provincial regulation is higher than larger cities’ regulations. Therefore, we should turn to the judicial practice. Based on administrative trial practice, we can develop a new rule of application of law by analyzing the court reason. However, we should further to make a clear definition of the applicable conditions of proximity principle. At the same time, this paper also solved these problems, such as the legal levels between larger cities’ regulations and Provincial government rules, special economic zones’regulations and larger cities’regulations.The conclusion of this paper:when statutory law hasn’t provided a clear rule for the legal level, rather than act in a Procrustean way, it would be better to recognize the administrative trial practice. It is a desirable direction that through practice to generate new rules in response to the new problems in the practice. |
