Research On Legislative Authority Of Districted Cities

The main reason why a city divided into districts can become the power subject of local legislation is mainly due to the empowerment of the Legislative Law revised in 2015.From the perspective of legislative practice in the past few years,as the power subject that has recently obtained local legislative power,cities with districts have taken seriously the empowerment of laws,continuously promoting the maturity of local legislation in China,and also continuously promoting the improvement of our legislative system.However,while the exercise of local legislative power in a city divided into districts brings many benefits,there are also many unsatisfactory issues.Among these issues,how to accurately define the authority of a city divided into districts to exercise local legislative power is the core.The legislative authority of a city divided into districts determines the space and boundaries within which the city divided into districts exercises its local legislative power.Defining the legislative authority of a city divided into districts accurately according to law will help ensure the enthusiasm and initiative of the city divided into districts in the field of local legislation,enable the city divided into districts to actively incorporate local affairs into the scope of legal adjustment,adjust local affairs by means of the rule of law,and also ensure that the city divided into districts exercises its local legislative power according to law within the framework of the law,Thereby improving the level of legalization of local governance.The legislative authority of a city divided into districts can be defined from three perspectives.First,from the perspective of the central government and cities divided into districts,clarify the scope of the central exclusive legislative power,and interpret "equality" as "non equality".Cities divided into districts have the right to legislate on matters that are outside the central exclusive legislative power and belong to local affairs.Secondly,from the perspective of provinces and cities divided into districts,based on local characteristics and auxiliary principles,when there is overlap with provincial local legislative power,cities divided into districts have the priority to exercise legislative power on overlapping matters.Finally,from the perspective of the interior of a city divided into districts,accurately defining particularly important issues can help distinguish the legislative authority of the people’s congress and its standing committee in a city divided into districts;The accurate application of the principle of non conflict and basis helps to distinguish the legislative authority of the people’s congress and its standing committee of a city divided into districts from the people’s government of a city divided into districts.Based on the above three perspectives,a comprehensive understanding of the legislative authority of a city divided into districts can be obtained.