A Study On The Technical Problems Of The Local Legislation Of District And City In China

As an important part of national legislation,local legislation has gone through the stages of exploration starting point,gradual improvement and continuous development and improvement,and has achieved great legislative achievements.The Legislative Law of the People’s Republic of China(hereinafter referred to as the "Legislative Law")amended in 2015 gives local legislative power to cities divided into districts.At the same time,it regards improving the quality of legislation as an important goal of local legislation.It makes it clear that the granting of local legislative power to cities divided into districts is a systematic respect for the creativity of local people and social subjects,and is a legal confirmation of local particularities and differences.At the same time,giving cities divided into districts the power to exercise local legislative power also provides pioneering and autonomous space for further development of urban governance and social governance of urban-rural integration.From another point of view,giving local legislative power to cities divided into districts is one of the important ways to further clarify the scope of the central and local powers and to improve the local governance capability and level.Legislative technology is of great value not only to legislation,but also to the national legal system and even the whole society.Broadly speaking,all rules related to the creation of laws can be included in the legislative technology.These rules can be roughly divided into three categories: the first category is the rules concerning the organizational activities of the law-making organs;The second category is the rules concerning the ways and procedures for the creation of laws.The third category is the rules concerning the specific forms of expression of the structure,provisions,names,terms,rhetoric,etc.of the law.Therefore,this paper mainly studies the technical problems of local legislation in cities divided into districts in China from the perspective of legislative technology in a broad sense,taking Gansu Province as an example.The Organic Law of the People’s Republic of China on Local People’s Congresses and Local People’s Committees at All Levels(hereinafter referred to as the "Local Organic Law")endows the provincial people’s congresses and their standing committees with local legislative power.The Gansu Provincial People’s Congress and its standing committees,as power subjects enjoying local legislative power,have also accumulated and explored the basic laws that local legislation should follow through corresponding local legislative practices.This article intends to proceed from the technical level in the process of local legislation,taking Gansu Province as an example,aiming at the current situation of local legislation in cities divided into districts,on the basis of field research,combining with relevant materials,andthen refining and summarizing the relevant issues involved in the technical level of local legislation in cities divided into districts,so as to put forward corresponding countermeasures.