Study On The Expansion Of Local Legislation Subjects

The rule of law can be described as a nation,a country and the world’s common ideal.It represents a stable excellent life order.Since 1979,with the continuous advancement of the rule of law in China,the local legislation has achieved great results.The amendment of The "Legislative Law of People’s Republic of China"(hereinafter referred to as the"Legislative Law")is to transmit the power of legislation widely from the larger cities to municipals with districts.This great reform is not only the necessary requirement for China to strengthen the construction of democracy and rules of law,establish constitutional authority,but also play the experimental of local legislation.However,so larger the scope for local legislation to expand,involving all the municipalities with districts in the country,that there will inevitably exist some problems during actual implementation.For example,the insufficient legislative capacity for municipalities with districts,the interference of departmental interests in legislation process,the confliction between the lower law and the superior law,and even increasing conflicts in the same level of legislation,etc.All these problems need our careful review and solving ideas.The paper is divided into five parts,including following parts:The first part is the introduction.Firstly,to put forward the core problems concerned in the expansion of local legislation subjects according to the amendment of the"legislative law" and the practice of local legislation.Combined with the study of the subject and the author’s personal opinion,pointout the purpose of writing and significance of the topic.Secondly,this paper introduces the research results of domestic scholars on the theory and practice of local legislation and the expansion of local legislation subjects.Finally,put out the author’s main research methods used in this paper.That is,literature analysis and normative analysis,to make research methods rich and varied.The second part is the basic theory,mainly to explain some basic theories involving the expansion of local legislation subjects.Firstly,to briefly introduce the concept and feature of the expansion of local legislation subjects according to my own understanding.Secondly,to comb the scope of local legislation subjects after the expansion.The third part is the value analysis.To analyzes the practical significance of the expansion of the local legislation.Firstly,promote the democratization and rule of law of local governance.Secondly,re-establish the constitutional authority.Finally,give full play to the experimental function of local legislation.The fourth part is the elaboration of the problems,to analysis the possible problems in the process of legislation in the main municipalities with districts according to the local legislation subjects expansion.These problems include the relatively narrow local legislative authority,the insufficient of the district legisla:tive capacity,the problems of local legislation quality and multiple legal conflicts that the expansion of local legislation may bring,between the upper and lower levels of legislation or the same level of legislation.The last part is the countermeasure analysis.This paper puts forward some reasonable suggestions to promote rational development of local legislation on the problems that may arise in the expansion of local legislation.Recommendations include the following aspects:firstly,to expand the appropriate legislation scope;secondly,to push forward the local legislative power construction;thirdly,to improve the quality of the local legislation by several means;fourthly,to activate the local legislative characteristics and finally to strengthen the inspection and supervision mechanism,guaranteeing the unity of law.