Research On The "Non-Contredictory" Principle In Local Legislation In China

Our country carries out centralized leadership and a certain degree of legislative decentralization and multistage and multi-kind combination legislative power division system.Under the unified leadership of the highest state power organ and its permanent organ,The State Council exercises a considerable legislative power,and local state power organ exercises a certain degree of legislative power,which is a prominent feature of our current legislative power division system.The principle of non-contravention of local legislation plays a very important role in our legislative system and is an important principle to maintain the unity of socialist rule of law.Local legislative activities can not only realize the "top-level design and layout" function of national legislation,but also give full play to the enthusiasm and creativity of local legislatures.However,local legislation should adhere to the legislative principle of not contradicting the upper law to formulate local regulations.However,with the continuous development of local legislation and the increasing of local legislative subjects,the situation that local legislation contradicts the upper law also appears frequently.This paper takes the principle of "non-conflict" in local legislation as the research object,hoping to find and solve the problem of non-conflict principle in local legislation.This paper is divided into five parts: the first part of the introduction part introduces the background and significance of the topic of this paper,the status quo of local legislation at home and abroad or similar research and research methods.The second part expounds the theoretical basis of the principle of local legislation not contradicting.Through the purpose requirement of local legislation not contradicting,the local legislature combines the Constitution,laws and administrative regulations with the actual situation and actual needs of the region to achieve the value target and spiritual pursuit of the Constitution,laws and administrative regulations.The purpose of building and maintaining a harmonious and unified socialist legal system with Chinese characteristics,the unification of the legal system,the construction of a country ruled by law and a government ruled by law.The third part analyzes the causes of conflicts between local legislation and the Constitution,laws and administrative regulations through some relevant cases,and divides them into direct conflicts,indirect conflicts,direct and indirect conflicts according to existing theories,and briefly describes the adverse consequences caused by local legislative conflicts.The fourth part is to analyze the reasons for the conflict of local legislation,which mainly has the premise that local legislatures use local characteristics to circumvent the principle of non-conflict of local legislation;Local legislatures exceed their powers and compete for power,leading to conflicts;The filing and review authority did not conduct timely review of local regulations,resulting in resistance;and failure to clean up local regulations in a timely manner,resulting in conflicts;Finally,the quality of the local legislative team is not strong,which leads to resistance.The fourth part puts forward some suggestions in view of the current situation of local legislation conflict.Firstly,it is clear that local characteristics in local legislation can only be realized on the basis of the principle that local legislation does not conflict with the Constitution,laws and administrative regulations.Secondly,the local legislative power should be strictly restricted to prevent local power from expanding the scope of power through legislation.Thirdly,the subject of archival examination should be expanded,and the suggestions of citizens and other organs should be attached importance,and it is suggested that they should be included in the initiating subject.Last but not least,we will improve the mechanism for reviewing local regulations.We will conduct regular,centralized and special reviews of local regulations that run counter to the Constitution,laws and administrative regulations.The most important thing to establish and improve the local legislative work team can be started from the aspects of talent selection,talent training,and strengthening the sense of responsibility of local legislators.The fifth part summarizes this paper and further emphasizes the importance of the principle of non-conflict in local legislation,and hopes that the local legislature,when formulating local laws and regulations,can closely focus on the principle of local legislation not conflict with the constitution,laws,administrative regulations,the principle of local legislation throughout the whole process of local legislative activities.We must adhere to the principle of non-conflict before,during and after the event.