Research On The Legislative Capacity Of The District

At this stage,the municipal people's congresses and their standing committees in various districts in China have generally enjoyed local legislative power,but their legislative capacity is quite different in local legislative practice.According to Article 72,paragraph 4 of the Legislative Law,legislative ability is one of the necessary conditions for the newly empowered district to start exercising legislative power.If the municipal people's congress and its standing committee based in the district obtain the "legislative power" based on the enactment of the Constitution and the Legislative Law,then they should choose legislative items,draft regulations,resource mobilization and Adapting to changes and other abilities constitutes its "legislative capacity",while self-anti-error correction and acceptance of supervision and correction capabilities constitute its "legislative responsibility." The legislative capacity of the city's people's congress in the district is evaluative.The legislative capacity can be assessed from three aspects:legislative needs,legislative supply and legislative improvement potential.The capacity assessment aims to ensure that the boundary of local legislative power is to provide legislative services,not to go beyond the scope of jurisdiction or legislative inaction,to be passively slack;to provide legislative services to promote development and to protect people's livelihood;and its legislative capacity has the potential for continuous improvement and development.This paper takes the state of the legislative capacity building of 14 city people's congresses and their standing committees under the jurisdiction of Hunan Province as a sample,and conducts an in-depth study of the process of granting and exercising local legislative powers in the district's municipal people's congress through empirical research methods,and analyzes its current legislative conditions.Legislative needs,legislative achievements,research on the internal institutional setup and staffing of relevant legislative bodies,analysis of the status quo of their legislative team construction,study of the legislative powers of relevant subjects and the operation of their legislative procedures,etc.,through first-hand research such as obtaining research data and data.The material,from the point of view to the status quo of the current legislative capacity of each district in China,analyzes the prominent problems highlighted in it,analyzes the influencing factors and institutional causes of the legislative capacity building of the city's legislative body in the district,and forms the relevant information on this basis.The theoretical model,experience and corresponding countermeasures of the legislative capacity buildingof the Municipal People's Congress and its Standing Committee.Through in-depth investigations,it has been found that since the empowerment in2015,the cities of various districts have steadily promoted various legislative work,and their own legislative capacity building has also been continuously promoted.In recent years,the municipal people's congresses and their standing committees in various districts have also introduced some distinctive legislative achievements,which have met the needs of the people's congress and the Standing Committee's legislation to a certain extent.With the changes and development of the system and mechanism,the construction of the legislative team of the municipal people's congress in the district has a certain improvement.At the same time,because the city's people's congress in the district still only has "half legislative power",its "energy ability" of legislation is inherently insufficient;in the context of the current comprehensive deepening reform,the phenomenon of repeated legislation and legislation homogenization highlights the district's The lack of "behavioral ability" of institutional innovation in the Municipal People's Congress;under the guidance of local self-governing legislation that is "first-in-first-trial" and excessive pursuit of characteristics,the risk prediction ability of the city's people's congress legislative process and related error-proofing and correction capabilities Also stretched.The city's legislative capacity in the district needs to be further improved.To establish the legislative capacity of the people's congresses in the districts and cities,it is necessary to further exert the platform role of the municipal legislation that the NPC leads.Improve the legislative technology of the district city.Improve the legislative system and mechanism.Carry out full-time professionalization of legislative talents.Fully mobilize social forces to participate in local legislation.The system experience of building legislative capacity in districts and cities in the reform process shows that it is necessary to always adhere to the rule of law of local legislative capacity building,rationally allocate the “rights and responsibilities” of local legislative bodies;and to exercise the legislative power from the cities with districts in recent years.In the case of the situation,it may be considered to change the “ approval system ” of the local regulations formulated by the provincial people's congress' s local government to the “reporting system”.In the process of continuously strengthening local legislative capacity building in our country,we can consider releasing the local legislative powers at the county and district levels in a timely,selective and step-by-step manner.