Research On The Unbalanced Operation Of Local Legislative Power

Since the Fourth Plenary Session of the 18 th CPC Central Committee in 2014 put forward the general goal of comprehensively advancing the rule of law and building a country under the rule of law,the country’s legislative work has faced a new round of challenges.The revision of Legislation Law in 2015 expanded the exercise subject of local legislative power to "cities divided into districts",but the expansion of local legislative power this time was "limited",which means that China’s local legislative power has experienced four stages of development,and ushered in a new round of development period of local legislative power.Whether the central legislation and the local legislation are the multiple aspects under the integration or the integrated choice under the diversification has been the key problem that has troubled the construction of local legal system for many years.Integrated all sorts of problems of local legislation,the local legislative power imbalances in the operation are essential,namely spatial location and the depth of the tension between limited regulation,mainly embodied in the local authority exercise the subject consciousness of legislation and legislative power imbalances,the realization of the function of the local legislation and imbalances between the local legislative power regulation,and so on.However,local legislative power is subject to regional economic development,social customs and other cultural factors and natural factors such as landform,geographical environment,the influence of the area between the increasingly obvious differences in legal system construction and development,the universality of the national legislation was severely hampered at the same time,even in the local legislative power to keep expanding,still can’t solve many social problems,Instead formed the phenomenon such as the flood of local legislation.So,local legislation is the most primary problem is not with the expansion of the permissions and narrowed,but in the local legislative power itself,how to promote the operation of the healthy,efficient,high quality of local legislation,to solve the existing local legislation in excess of legislation,duplicated legislation,legislation from legislation,achievement,etc has great value and significance.Through the re-interpretation of the basic principles of local legislation,the core connotation and boundary of local legislation are clarified.Constitutionality,legality,criteria and refine the bill to the legislative authority will provide theoretical foundation and basis for the local legislative power,legislative accountability system can improve from internal supervision of power operation is not standard phenomenon,and the public opinion feedback mechanism of public participation in restricting the abuse of power from outside at the same time also can promote the local legislation to a great extent in the development of the "public reason",Thus,the circular development mode of "public → legislator → legislative text → public" of local legislative power is promoted,which is not only the requirement of the standardized operation of local legislative power,but also the fundamental need for local legislation to break through the dilemma in the construction of legal system and the realization of constitutional significance.