| After the amendment of the legislation law,the enjoyment of the local legislative power in China has been extended to the city of the district,which has aroused the concern of all circles of society.According to the districts of the city,the two years of practice and local passing legislation experience analysis,given the legislative power in can indeed is the escort regions and the reform of management,promote the development of local economy,and can offer advanced legislative experience for the national legislation.However,the expansion of local legislative bodies inevitably leads to some problems and difficulties.The legislative power of the city divided into districts is easy to get out of control,mainly due to the unclear provisions of the current law on its legislative authority,the incomplete legislative process and the defects of the legislative supervision system.Based on the above factors,the city may abuse the legislative power,resulting in the proliferation of local legislation and the rough quality of legislation,thus undermining the unification of the national legal system.Therefore,this paper makes a comprehensive discussion on the legal regulation of the legislative power in the current district from the aspects of entity,procedure and supervision system.This paper is mainly divided into the following parts:The first part is an overview of the city legislative power.In this part,the basic connotation of the city is discussed,and the basic features of the city legislative power are analyzed.At the same time,the paper analyzes the basis of the legislative power of the city.The second part is the dilemma of the legislative power law of the city.This part analyzes the existing predicament of the city law regulation system of the district from three aspects:entity authority,procedure regulation and supervision regulation.Entity rights,analyzing the legislation law regulations on legislative authority in existing problems,and mainly discussed about the interpretation of the legislative authority,and in larger city legislative authority,and government legislation jurisdiction boundaries.In the aspect of procedural regulation,the procedural defects in the legislative practice are analyzed,including legislative argumentation,drafting system,deliberative procedure and legal system.In terms of supervision and regulation,the system of examination and approval of the standing committee of the provincial people’s congress,the filing system of the standing committee of the National People’s Congress and the limitations of the public participation system are analyzed.The third part is to improve the legal regulation of legislative power.This section first discusses the principle that the legislative power should be followed in the city legislative power.Then the author puts forward some Suggestions on the existing problems of legislative power law in the city.In the aspect of entity regulation,it can be perfected by means of legal interpretation.In the aspect of procedural regulation,it is expected to establish and perfect the scientific legislative procedure mechanism to guarantee the scientific nature of local legislation.Supervision and regulation,discusses how to reasonably limit the power of the provincial people’s congress(NPC),how to enhance the record the operational censorship,how to innovate the public participation in legislation,expecting to help the legislative supervision work,ensure the legitimacy of the local legislation. |