Research On The Power Of Local Administrative Legislation In Contemporary China

In 2015 the newly revised "People’s Republic of China Legislation Law" was promulgated in China began. 2015 is the year to comprehensively promote the rule of law of the start, when this occasion Edit "Legislation Law", which shows the importance of the legislative work in the construction of the rule of law. Legislation is part of the foundation of all aspects of rule of law activities, to ensure that only legitimate legislative aspects of the commencement worked out before legislation can be successfully implemented. Since the local administrations have been given legislative powers, the role of local government regulations in people’s lives and the construction of the rule of law in the process of increasingly significant. Local Administrative Legislation compared to the national laws and regulations, the more directly and quickly to be applied within the scope of the jurisdiction of the local government, with the people’s life is most closely related to the normative legal documents, thus improving local administrative and legislative system of the local government life and social activities within the jurisdiction of the people closely related. In addition, local authorities is able to achieve a good administration, governance according to law, to achieve decentralization, to a certain extent also depends on whether the local executive and the legislature has a mature sound legislative system at the time of legislation, therefore, not legal circles neglect of Law on local Government exercise legislative power, local governments should continue to exercise the legislative power of the latest developments in theoretical research and conclusions should be able to exercise legislative power of local governments to play the correct guiding role.The so-called local administration is legally entitled to legislative legislative power of local governments within their scope of authority enact, amend or repeal laws and powers, legislative power is the legal basis of local administration local administration legislative activity, and only within the scope of the law exercise of legislative power, local government regulations are the result of people to be recognized, legally recognized valid regulations. In China, only the beginning of a legislative national legislature is entitled to exercise the legislative power of local government administration is not already there, but later with the actual needs of the development of the law of the country gradually to empower local government legislative power. Although the development of the local executive and the legislature started relatively late, but the development speed is relatively fast, and now the total number of local government legislation has exceeded the total amount of local legislation and regulations, the local administration has extended the scope of legislation to the country’s political, economic and cultural and other fields. Although the revised "Legislation Law" strengthen the local legislative constraints and administrative norms, but for now, some of our local governments are still some problems in the course of the exercise of legislative power, such as during the existence of local administration to exercise legislative power unauthorized phenomenon, exercise the body too broad in scope and some other issues, but also not quite in line with the general requirements of the construction of the rule of law, it can not all meet the actual requirements of local government administration according to law, we can not be completely in line with the actual needs of the Party of nation-building. Therefore, the study of local government in the exercise of legislative power must be based on practical experience, lessons learned, successful experiences, combined with the positive development of the situation in the New research innovation, continuous research to improve local administration legislative theory. Discussion on the exercise of legislative power from the perspective of local administrative ways to improve local administration legislation can play a role of radical reform, the case appears in the text, select the most is that some local governments in force in local government regulations and some local governments the most recent period activities in the exercise of legislative power, in order to ensure that the study of how to exercise the legislative power of local administration can really proceed from reality, to ensure the content and direction of research can meet the current trends of local administration exercised legislative power. In the article writing process, the local government legislative powers herein as a starting point, the first of the basic conceptual problems, local administration and other legislative nature were discussed, then discusses some of the reasons local administration and local administration to produce legislative legislative power sources of law. Secondly, the practice of local government exercise legislative power are summarized, on this basis identified unreasonable exercise of local administration in the legislative process and the presence of these causes unreasonable problems. Finally, the status quo with social development in the new period to summarize some of the issues raised in the perfect sound and viable recommendations, such as the proposal of local executive and the legislature should correct values and legislative concepts, clearly regulate the exercise of local administration and legislative body of the range recommended that local government should be established improve local administrative legislative internal and external oversight mechanisms. It aims to regulate the exercise of legislative power of local governments to promote local government scientific and reasonable exercise of legislative power, and improve local administrative legislation in order to improve the overall system of legal norms, have complete legislative system of local administration to be more standardized local government behavior and promote decentralization, the transformation of government functions, to promote the administration according to law and governance innovation to provide legal protection.