Study On The Characteristics Of Local Legislation

Local legislation is an important part of China’s legislative system.Under the background of comprehensively promoting the rule of law,improving the socialist rule of law system with Chinese characteristics is the overall goal.In order to build a country ruled by law and a society ruled by law,we must attach importance to local legislation.As the soul and core of local legislation,the feature of local legislation must be guaranteed and the lack of feature of local legislation should be improved.In addition to the introduction,this paper mainly includes four parts:The first part,the concept of local legislative characteristics.In this part,define the concept of local legislation characteristics,clear local legislation characteristics: local,pertinence,innovation,complementarity,feasibility.Point out the main influencing factors of local legislative characteristics: economic factors,ethnic factors,policy factors,cultural factors.It lays the foundation for the next part of the research under the premise of clarifying the concept,characteristics and main influencing factors of local legislation characteristics.The second part is the basis and significance of local legislation requirements.From the two dimensions of theoretical basis and legal basis,this paper expounds the basis of the characteristics of local legislation requirements.From the theoretical significance and practical significance,the paper explains the significance of local legislation requirements to embody characteristics.Thus clearly improve the quality of local legislative work,local legislative characteristics is indispensable,to measure whether a local law is "good law",local legislative characteristics has become an important consideration factor.The third part,the current local legislative characteristics lack of the main performance and reasons.Through the investigation of a large number of local laws and regulations,we can sum up the main manifestations of the lack of local legislative characteristics in our country: first,the existence of repeated legislation is harmful to the characteristics of local legislation;Second,the existence of copying legislation to reduce the characteristics of local legislation;Third,local legislation in ethnic autonomous areas lacks ethnic characteristics;Fourth,the lack of indigenous legislation.For the above performance,the reasons can be summarized as the following three main reasons: First,the concept of local legislation needs to be improved;Second,the local legislation technology needs to be improved;Third,local legislative research procedures are relatively simple.The fourth part,the realization of local legislative characteristics.In this part,the realization of local legislative characteristics mainly follows the following three steps: The first is to define the connotation of the basic standard of local legislative characteristics,so that the local legislature can understand the connotation of the basic standard when carrying out local legislation,and know that the basic standard of local legislative characteristics is the working method requirements that local legislators should pay attention to in the process of local legislative work.The second is to clarify the basic standard elements of local legislative characteristics: Maintain the role of the economy and society,conform to the local reality,respond to the concerns of the local people,a certain degree of innovation in the form,content and legislative language,local legislation in ethnic autonomous areas reflects ethnic characteristics,so that the local legislature can understand that when a local regulation contains the above five elements,the local regulation can be considered to have local legislative characteristics.Finally,in order to make a local regulation can retain local characteristics,the following measures need to be taken: adhere to the National People’s Congress to lead the legislation,so as to curb local duplication and copying of legislation;To carry out local legislative procedures,we should be good at exploring local legislative characteristics in each stage of legislation.Pay attention to the principle of public participation,so as to optimize the concept of local legislation;Adequate local legislative funds to ensure the relevant local legislative technology to support legislative work;We will strengthen oversight of local legislation and constantly improve the quality of local legislation.