Research On The Dilemma And Countermeasures Of Municipal People's Congress Legislation After The Amendment Of The Legislative Law In 201

Larger cities are huge in terms of population size and total economy.Compared with non-larger cities with the same administrative level,larger cities often face larger,more and more complex social governance problems,so they have more diversified legislative needs.After the legal changes,except for the restrictions on legal reservations stipulated in the Legislative Law,the scope of adjustments to larger municipal local regulations was not subject to other restrictions.The revised Legislative Law grants legislative power to local people’s congresses of all cities divided into districts.Because larger cities belong to the category of cities divided into districts,for the 49 cities with legislative power,they can be adjusted by local regulations is actually limited.Unless specifically empowered by law,the larger municipal local people’s congresses can only legislate on three types of matters:urban and rural construction and management,protect the ecological environment,and protect history and culture("three categories of matters").Before the law is amended,at the reports and seminars on the results of the consideration of the relevant draft legislation,authorities answered the disputed provisions of the law.However,in the actual legislative work,the doubts arising from the dispute still exist.This situation poses obstacles to the promotion of the legislative activities of local people’s congresses in larger cities,and the legislative work of local people’s congresses is facing huge difficulties.Taking the legislative work of the larger municipal people’s Congress as the research object,this paper tries to analyze the new dilemma faced by the legislation of the larger municipal people’s Congress after the revision of the Legislative Law,and explores the solutions and methods.The first step is to analyze the changes in the regulations of 49 large cities in the periods before and after the revision of the Legislative Law in 2015.The author found that in the current situation,most cities are unable to meet their legislative needs.The second step is to analyse the current situation of laws and regulations outside the statutory scope of 49 cities with a large legislative scope.T Through the statistical analysis of laws and regulations outside the scope of the law,the author puts forward two difficulties that may be faced after the capacity of the city’s legislative power is limited: On the one hand,the legislation of rule of law organs has been limited,in most cases,the larger cities will not actively practice.Legislative power will lead to unmet actual legislative needs in larger cities,unclear division of legislative powers of legislative subjects of local people’s congresses,overlapping legislative power,hindering the development of local legislation.On the other hand,if the larger city actively exercises its legislative power,because there is no definition outside the scope of the defined matter in the law,this directly leads to a chaotic situation in which the larger city exercises its legislative power.In the third step,based on data analysis,the author concludes that the larger cities after the revision of the Legislative Law in 2015 have legislation that exceeds the "three categories of matters" in local legislation.This situation may lead to confusion in the legislative powers of 49 larger cities,the imbalance between central and local legislative powers,and the failure to achieve the country’s legislative goals.Finally,the author puts forward a possible way to improve the exercise of the legislative power of larger municipal people’s Congresses: First,remove restrictions on the scope of legislative adjustment matters of larger municipal people’s Congresses,and recognize that larger cities have greater legislative needs.Secondly,the government should strengthen the monitoring mechanism.Although larger cities have been bound by a filing review system from the beginning of obtaining legislative power,they do not provide for detailed filing review procedures,nor are there any criteria for passing or not passing.This has led to the virtualization of the filing review system.Therefore,the author proposes to strengthen the guidance of the legislation of the larger municipal people’s Congress in the pre-legislation stage,and improve the supervision of the legislation of the larger municipal people’s Congress in the legislative and post-legislation stage.