Font Size: a A A

Research On The Scope Of Legislative Power Of People’s Congress Of The City With Districts

Posted on:2021-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:H YuFull Text:PDF
GTID:2506306104989839Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The revision of the legislation law in 2015 has brought about major changes in local legislative authority.It endows all the cities divided into districts with local legislative power and limits their scope of authority by enumerating.The people’s congress of the city with districts shall enact local regulations within the scope of "urban and rural construction and management,environmental protection,historical and cultural protection and other matters".However,the connotation of "three kinds of matters" and "etc" has generality and uncertainty.This has affected the legislative scope of the people’s congress of the city with districts,and has become the focus of debate among scholars.At the same time,the division of powers between different local legislative bodies is another important aspect affecting the clarity of the legislative powers of the people’s congress of the city with districts.Specifically,it includes not only the vertical division of the jurisdiction between the city with districts and the provincial legislature,but also the horizontal division of the jurisdiction between the people’s congress of the city with districts and its standing committee,the people’s congress of the city with districts and the government at the same level.Thus,the clarification of the above two issues can more comprehensively define the legislative scope of the people’s congress of the city with districts,and delineate a relatively clear boundary for the exercise of the legislative power of the people’s congress of the city with districts.This paper will take the provisions of article 72 of the legislation law as the starting point,based on the provisions of the legal text,and combined with the legislative practice.I will sort out the basic theory of legislative authority of the people’s congress of the city with districts,and clarify the key concepts such as "legislative power" and "city with districts" involved in this paper.This paper explores the development course of the legislative authority of the people’s congress of the city with districts,analyzes the theoretical basis and practical basis of the legislative authority granted to the people’s congress of the city with districts,and provides theoretical support for the further discussion of the legislative authority scope of the people’s congress of the city with districts.On this basis,I will analyze the problems and causes existing in the scope oflegislative authority of the people’s congress of the city with districts,so as to put forward Suggestions for improvement matching with my own views.Combined with the current legislative practice,I believes that the "three categories of issues,such as urban and rural construction and management" stipulated in the legislation law can meet the current legislative needs of the city with districts.It is hoped that the meaning of "three kinds of matters" will be clarified through legal interpretation,and the word "etc." will be interpreted as "etc.".In terms of the vertical scope of authority,I tries to put forward the idea of establishing the authority division mechanism between the city with districts and the provincial legislature through the reasonable use of the principle of non-conflict and the improvement of the legislative planning coordination procedure.At the same time,through the further allocation of the local legislative authority,the division of the jurisdiction between the people’s congress of the city with districts and the government at the same level is made clear.Thus,the legislative activities of the people’s congress of the city with districts to provide a clear scope of authority.This is conducive to promoting the smooth development of legislation in cities with districts,improving the quality of legislation and improving the local legislative system.
Keywords/Search Tags:The city with districts, Local Legislation, The legislative authority, Configuration of legislative power
PDF Full Text Request
Related items