Research On The Standards Of Examining The Legality Of Local Legislation

"Legislation by law" is the basic principle of local legislation.The so-called legislation by law means that the legislative body formulates laws and regulations in accordance with the statutory authority and procedure that prescribed by the legislation law,and lawmaking will not be conflict with the superior laws.The legislative work and the content of the legislation should be in accordance with the provisions of the laws(superior laws),and the legislation should be carried out under the current legal framework to ensure the mutual coordination between the legislation,and the lower law would not conflict with the superior laws.It is aim for promoting good development and ensuring good governance by good laws.The review of local legislative legitimacy is the fundamental institutional guarantee of legislation.However,due to the lack of clear,specific and systematic examination standards for the legitimacy of local legislation in practice,legitimacy problems such as "beyond the scope of local legislative authority","illegally setting administrative penalty,administrative license" and "legislation match-fixing" are still exist,which have brought severe challenges to the unification of national legal system.Therefore,there is great theoretical and practical significance to discuss the examination standard of local legislative legitimacy.Firstly,the paper studies the theoretical basis of the examination standard of local legislation legality.The paper starting from the connotation of the concepts of "local legislation","legitimacy review" and "standard",and scientifically defines the connotation of the local legislation legitimacy review standard,and distinguishes it from the relevant concepts of "constitutionality review standard","rationality review standard","fair competition review standard" and so on.This paper discusses the significance of examining the legitimacy of local legislation,including improving the quality of locallegislation,improving the efficiency of local legislation,and maintaining the unity and dignity of socialist legal system.And clarify the theoretical basis of the examination standard of the legality of local legislation,including the principle of the unification of the socialist legal system and the principle of the supervision of local legislation.Then,the paper analyzes the status quo of the review standards of local legislation's legitimacy,mainly summarizes the legal standards of local legislation's authority,content and procedure from the norms of local legislation in the current laws and regulations,and elaborates the disputes and problems existing in the relevant norms.On the basis of the analysis of the situation,the paper reviews and summarizes the problems existing in the standard analysis during the legality of local legislation.The main problems of local legislation legitimacy review standard are unclear and unspecific standard,lack of systematic standard,certain limitation of standard,etc.,With the aid of the case analysis on local legislation legitimacy examination standards for the empirical analysis,the paper may achieve the purpose of discussing the issue of legitimacy review standards and local legislation legitimacy.Finally,in light of the problems existing in the review standards of local legislative legitimacy,putting forword suggestions to improve the review standards of local legislative legitimacy and relevant working mechanisms,including the establishment of a unified system of specific local legislative legitimacy review standards and a multi-party linkage feedback mechanism for the review of local legislative legitimacy.