Study On The Exercise Of Local Legislative Power By Local Legislatures Of Cities Divided In To Districts

The Legislation Law newly revised adopts the system design of combination of receiving and releasing,which endures legislative power to the legislatures of cities divided into districts and restricts the exercise of legislative power to avoid the serious consequences of damaging the unity of the legal system caused by the abuse of legislative power.This kind of system design to achieve the purpose of the balance of China’s socialist legal system and logical consistency,namely,in a limited way maintenance at the same time,in the form of decentralization of the unification of legal system meet the demand of differentiation in actual legislation,make the local lawmakers have the right to based on local actual,provide local governance features,operational supply of rule of law.But in the specific system design level there are still many shortcomings that result in a series of problems to be solved in the exercise of local legislative power.First,the restriction of the horizontal legislative authority of the districted city seriously restrains the actual local legislative demand,resulting in the consequence of the imbalance between the legislative demand and legislative authority.Second,the lack of review and supervision mechanism for unnecessary duplication of legislation causes a serious waste of legislative resources and the loss of the due function of local legislation to highlight local characteristics.The difficulty of improving the quality of local legislation caused by the low level of refinement of local legislation is also an important reason for the unnecessary repetition of legislation,which affects the quality of legislation.The author puts forward feasible measures to improve the above problems.First,we will fully release legislative space in an orderly manner.Second,we will improve the refinement of local legislation.Third,we will build a mechanism for unnecessary duplication of local legislation.