Research On The Local Regulations And Approval System Of The City Of Districts

The local city's local regulations review and approval system is an important part of China's local legislative system,and it is of great significance to further promote the modernization of the rule of law.In China's newly amended "Law of Legislation" in 2015,it is stipulated that after the local regulations of the municipalities under the jurisdiction of the municipality are established through legal procedures,they must be examined and approved by the Standing Committee of the People's Congress of the province and autonomous region before they can take effect.As the municipal people's congresses and their standing committees have just been given legislative power,the level of legislation varies widely across the country,and the legislative technology is not very mature.This requires a perfect regional examination and approval system for municipalities and districts.Local laws and regulations review the legitimacy to ensure the quality of its legislation,so that the city's local regulations in the district can play its actual role in the city of the district.However,at this stage,there are many provisions on the principle of review and approval system in the law,and lack of operability in practice.This often results in the local regulations review and approval system of the municipality of the district being in a form that is difficult to implement.This article starts with an overview of the city's local regulations review and approval system,and introduces the concepts,development history,and basic contents of local regulations and approval systems for district-level cities.This part mainly deals with the analysis and analysis of the city's examination and approval system in the district,clearly stipulates the provisions of the law,and discovers the significance and value of the existence through the historical changes of the system,laying the foundation for the need to demonstrate the existence of the system.The second chapter is the dispute over the approval of the local regulations and approval systems of the municipalities in the district,that is to say whether the system should exist and what is the significance of the existence.This part compares and analyzes the supporters and the opponents,and draws an important role for the existence of a local city's local regulations review and approval system.The third chapter points out some problems existing in the local regulations and approval systems for local cities.For example,if the standards for review and approval are not detailed,only the legality review will be conducted.What are the “not inconsistency” situations? It is not specified whether the local regulations of the municipality meet the legality standards;the examination procedures are not sound.The main body of the review is only the Standing Committee of the People's Congress of the province or autonomous region or the people's congress of the province or autonomous region.The municipal people's congresses and their standing committees in the district shall When submitting materials,the Standing Committee of the Provincial People's Congress and the People's Congress of the provinces and autonomous regions shall not require the establishment of an agency to explain the situation,whether to organize special personnel and the public to participate in the hearing and make suggestions and opinions.The time for review shall be calculated and the regulations shall remain blank.The results after the review are ambiguous and meet the standards of legality.The direct approval of “not inconsistency”,how to deal with the provincial-level local regulations,how to deal with the provincial government regulations,and how to deal with it also require separate analysis.If these issues are not refined,it will lead to the review and approval system is difficult to implement in practice.Finally,in the fourth chapter,the related perfect suggestions are put forward.Facing the many problems existing in the local city's local regulations review and approval system,the following specific measures were proposed: First,the implementation of the consultation system,establishing the time and specific methods of early intervention,making full use of network resources to improve information and resource sharing mechanisms,To establish a communication and coordination mechanism for the legislature of the standing committees of the people's congresses at the provincial and municipal levels;secondly,to refine the procedures for examination and approval,and to better link the relations between the preliminary examinations in a lesser order and formal inclusion in the negotiation and formal review procedures;Clearly define the specific scope of the "Upper Law" and the "not inconsistency" review criteria,and strive to make local regulatory approval systems more operative;Fourth,determine the starting point of the approval time limit for provincial legislatures to receive local approvals.The date of the written report of the regulations;Fifth,when the local laws and regulations that are submitted for approval contravene the upper law,the decision shall be made on the basis of the specific circumstances,such as approval,return or direct disapproval,one-by-one approval,etc.;When the local regulations of the municipality contravene the regulations of the people's governments of the province and the autonomous region,the provinces and autonomous regions People's Congress Standing Committee to decide how to apply and to make appropriate treatment decisions.In case of conflict with the provincial and autonomous government regulations,the provincial and autonomous people's congress standing committees directly make a decision to return the amendments or guide opinions.By proposing corresponding improvement measures,it strives to improve the operability of the city's examination and approval system in the district,so that the local legislation in the district can play a long-term and effective role in the development of the legal system.