The Prospective Effects Of Expanding The Local Legislative Subjects On Modernization Of Local Governance

Since China’s local legislation restored, it flourished, making up for the gaps in the law effectively and contributing greatly to the formation of a unified socialist legal system. However, with the increase of local legislations, criticisms on their quality also appeared. One important reason is the unclear compartmentalization of legislative right caused by unlawful legislative authority and non-institutionalization. Legislative authority, as the core concept of adjusting the relationship between central and local governments, is very vital for the reform of political structure, which matters the national modernized management. Hence, this thesis elaborates the distribution of legislative authority and the local internal compartmentalization of legislative right, putting forward a legalized way of distributing legislative authority, to provide a useful reference for national governance modernization.Chapter Ⅰ is divided into two parts:Part 1 discusses the idea of bringing national and local legislative powers into constitutionalism from the perspective of vertical separation of powers. By analyzing the difficulties caused by spatial extension and local differences, and the necessity of vertical distribution of powers, this part discusses the capacitability of vertical separation of powers and unitary states, showing local places shall be vested with legislative power as their core concept of local autonomy. Part 2 explores the disposition of legislative authority since the PRC founded, analyzing the reasons for different dispositions and laying a theoretical base for later chapters.Chapter Ⅱ discusses the impact brought by the expansion of the local legislative body on local governance modernization. On the basis of the relationship between local legislation and governance, this chapter proves the necessity of the expansion of the local legislative body and the good effect brought by local legislation from the perspective of the need of local governance and the value of local legislation.Chapter Ⅲ fully affirms the legislative decentralization and points out its shortcomings in those cities with districts, proposing the idea of transiting the legislative decentralization from rural management to city management timely and appropriately. It also points out that local legislation shall gradually establish the exclusive legislative power.Chapter IV shifts from an external perspective to content, proposing the optimal allocation of local internal legislation. As the cities with districts enjoyed legislative power, the distribution of municipal legislation expanded. Principle of subsidiarity is introduced in solving optimal allocation of local internal legislation, proposing the idea that cities with districts have priority in the case of overlapping authority unless unprovincial legislations enforce better.