| Since the municipalities of self-established districts were officially endowed with local legislative power for the first time in 2015,local legislative work has been steadily advancing,which has promoted local law-based governance.Granting legislative power to cities divided into districts is not only a major strategic move under the basic strategy of comprehensively governing the country according to law,but also an important institutional arrangement to respond to the needs of The Times and achieve good law and governance.The expansion of the local legislative authority provides a legal basis for the legalization of municipal governance,plays a leading and promoting role of legislation to a certain extent,and guides the smooth development of local work with legislation,which is conducive to promoting the construction of a law-based country.City divided into districts in the process of local legislation,however,is too conservative or radical,legislative content exist a large number of repeat same host law,local legislation and shrinking local characteristics such as lack of innovation,the quality of legislation is low,its root cause is that the city divided into districts where the legislative authority of the legal definition of fuzzy,increased the difficulty of the legislation.First of all,by studying the basic theory of the legislative authority of the city divided into districts,based on the historical development of the local legislative power of the city divided into districts,starting from the relevant theories of central and local decentralization,including functional legislation theory,externality theory and information asymmetry,analysis of the distribution and coordination of the central and local legislative authority.This paper analyzes the legal provisions of the local legislative authority in the areas of constitution and administrative law,such as Constitution and Legislation Law,and explains the specific content of the local legislative authority.Secondly,it analyzes the current operation status of the local legislative power of cities divided into districts and points out its possible problems.On the one hand,the relevant legal provisions of the local legislative power of cities divided into districts are vaguely defined,and there are disputes and uncertainties between three types of legislative matters and the word "etc".On the other hand,there are some problems in the operation of the local legislative authority of the city divided into districts,such as the abuse of local legislative power and overreaching legislation,the overlap between the legislative authority of the city divided into districts and the legislative authority of the provincial people’s Congress,and the poor connection of the legislation between the city divided into districts and the original larger city.Finally,aiming at the current problems and challenges,it provides a perfect path to solve the legislative dilemma in the new era and new situation.We will clearly define and standardize the legislative powers of cities divided into districts,improve their legislative capacity,and adhere to scientific,law-based and democratic legislation.We will strengthen supervision over the legislative powers of cities divided into districts,and improve the legislative approval system and the filing and examination system.By dividing the scope of influence and the degree of externality of affairs,introducing the principle of legislative assistance and establishing and improving the legislative consultation mechanism,the legislative authority of the municipal people’s congress divided into districts and the provincial people’s Congress in the same field were clearly defined.To realize the effective connection between the legislative authority of the city divided into districts and the original large municipal legislative authority,to ensure the maximum value of local legislative work under the background of the new era. |
