| In 2015,the Legislative Law expanded the local legislative power to all municipalities with districts.Achieving the purpose of local legislation under the current legislative system requires local features.As one of the three principles of local legislation,embodying local features is stipulated as a legislative concept that must be followed in the local legislation.However,according to the research of relevant scholars,the conservative tendency is prominent.This paper is divided into four parts:The first part is the theoretical foundation for the study of the local legislative features.The features of local legislation should be limited by the principles of "no repetition" and "no conflict".The embodiment of local legislative features requires local legislation to be local,different,and targeted.The second part is an empirical study on the status quo of local legislative features of municipalities with districts in Sichuan Province.It is difficult to find the differences in the forms of expression,meanwhile,some samples lack features due to the imitation of superior law,and the overall rate of characteristic clauses is insufficient.The third part is the inspection of the lack of local legislative features.The excessive emphasis on the value of the legislative norms leads to the homogenization of the legislative structure,meanwhile the local legislative features are ignored because of the dependence of bureaucracy.The fourth part is to build the mechanism of the features of local legislation.We should make the boundary of legislative authority clear,and clarify the order of legislative power between provinces and municipalities with districts by introducing auxiliary principles.In addition,we should build a legislative reference system by relying on local facts and absorbing public policies and other normative documents.Otherwise,we should improve the method of lawmaking through convergence,supplement,refinement,and creation.We should bring "features" into the scope of legislative supervision and evaluation indicators,highlight the pertinence of legislative planning projects,and improve the mechanism of multiple subjects participating in the drafting of regulations,so as to promote the municipalities with districts from "having laws to follow" to "having good governance". |
