Research On The System Of Local Legislation Approval In China

The local regulations that formulated by the city People’s Congress,some of the autonomous ordinance and autonomous separate ordinance that formulated by Autonomous Prefecture People’s Congress and Autonomous county People’s Congress,must be submitted to the provincial and autonomous regions of the Provincial People’s Congress Standing Committee approved before they can enter into force.In the long-standing practice of local legislation,provincial the Provincial People’s Congress Standing Committee in accordance with the relevant provisions approved a large number of local laws and regulations.As an important local legislative supervision system,the local legislative approval system has been playing an irreplaceable role in preventing internal conflicts in the legal system,ensuring the quality of local legislation and preventing duplication of legislation.In spite of this,since our current local legislation approval system involves the qualifications and cpabilities of approval subject,the specific standards of approvals,limits,and so on.For example,in accordance with the provisions of the 2000 “Legislation of the People’s Republic of China”,for the autonomous ordinance and autonomous separate ordinance formulated by the autonomous prefectures or autonomous counties,the local regulations formulated by the larger cities,it’s necessary to get the approval from the Provincial People’s Congress Standing Committee.Many people think that because of the existence of the legislative approval system,it restricts the local legislation of the larger cities and autonomous prefecture and autonomous counties,compared with the city where the special economic zones are located,the larger cities and autonomous prefecture and autonomous counties are only have “half of the legislative power“,and there are some of question in the process about the Provincial People’s Congress Standing approve the local regulations which is formulated by the larger cities and autonomous prefecture and autonomous counties.Such as“self-legislative task is too heavy“,“lack of understanding of the actual situation and public opinion“,and so on.so that people have some doubts about the legitimacy,reasonableness,feasibility and effectiveness of the system itself.It is worth noting that the National People’s Congress in 2015 to amend the“Legislation of the People ’s Republic of China“,the local legislative power further“down“,autonomous prefecture and the city which is set up other administrativeregions have power to formulate some local regulations.In the actual operation of the legislative decentralization,the provincial People’s Congress Standing Committee decentralized rhythm out of control,short-term increase in the number of local legislation,the pattern of local legislation has changed dramatically.In contrast,China’s current legislative approval system,its inherent problems has not yet been solved,and some changes in the pattern of local legislation has brought some new problems.Today,under the impact of such a new local legislative pattern,where did the local legislation approval system go? Related issues need to be further explored.Therefore,it has necessary to review the origin and the historical evolution of the local legislation approved system,make it clarify about the nature and characteristics of legislative approval,study on the situation about the local legislative approval system actually operation in our country’s,review the outstanding problems,reflect on the causes of the relevant problem.From determine a special review and approval authority,establish a unified local legislative approval procedures,the results of the uniform approval review,clearly explain the reasons for the reasons for the approval of the contents,improve the quality of local regulations.Puts forward some suggestions to improve the local legislation approval system,in order to gradually improve the current local legislative approval system.