“Expansive”and“Respnonsive”Clauses Found In Local Legislations

China's legislation follows the uniformity and non-contravention principles in setting up its legal system.However,in reality,the phenomenon that a local legislation expands the provisions of a higher level law happens occasionally,while the local legislation law holds an important position in the country's legislative system,and also has substantial impact on the social life at local level.For this reason,how to understand the expansion the local legislation has done against the higher level law is quite important for us.In the context of China's division of legislative competence between central and local levels,this paper has examined the expansive clauses contained in the lower level laws set forth for local areas from a local perspective and further analyzed the forms of expression for expansive clauses contained in the local legislations,as well as the doubt about its legitimacy and the basis of its rationality.This paper takes the four local legislations on the prevention and treatment of AIDS as examples.More specifically,the clauses on AIDS test and the protection of privacy right owned by the AIDS patients are regarded as the key points of the study.This paper adopts the analysis method being followed in sociology of law to comb through and analyze China's legislative system,it is hard to say that the expansive provisions found in those local legislations have constituted a contravention against the higher level law,nor can it suggest the reason why the lower level law at local level still makes such expansive provisions.In light of this,from a local perspective,this paper sets the four local legislations on the prevention and treatment of AIDS into the context of a local society.By taking into account the AIDS pandemic at those four local places and further by comparnson,it is found that there are reasons for the local legislations on the prevention and treatment of AIDS to make expansive provisions,which is that it is considered as a response to local AE)S pandemic.In another word,AIDS epidemic in different places presents different epidemic characteristics,local AIDS prevention and treatment legislation shows to some extent different degrees of expansion,The expansive law-making practice found in the local legislation on the prevention and treatment of AIDS is a response to the need to control AIDS pandemic in a specific local place.When the spread of AIDS in four places has become a state of emergency,it is reasonable to respond to the fact that legislation is passed.Besides that,local AIDS prevention and treatment legislation plays an important role in China's governance because of its strong responsiveness.Certainly,this kind of legislative expansion is also limited,it cannot violate the principle of unification of the rule of law.And we can't just stay in the concept of understanding this principle,more need to be realized through legal technology.In addition,the special spatiotemporal nature of law indicates that the expansion of local AIDS prevention legislation is temporary.When the local AIDS pandemic is not serious,meaning that this pandemic is controlled,then local legislation on the prevention and treatment of AIDS will change accordingly and gradually tends to maintain consistent with the higher level law under the guidance of the uniformity and non-contravention principles which are being observed by the legislation in setting up the legal system.In doing so,the rule of law is thus realized.