Research On The Meaning Of "Particularly Important Matters" In Article 76 Of The Legislative Law

Article 76 of the Legislative Law stipulates that local regulations regulating particularly important matters in the Administrative Region shall be adopted by the People’s Congress.The representativeness differences between local People’s Congresses and their Standing Committees are mainly reflected in three aspects:election methods,daily communication and representative behavior.Based on the different representativeness,the legislative power of "particularly important matters" can only be reserved and exercised by local People’s Congresses,and their Standing Committee shall not arrogate it.Article 76 of the Legislative Law is designed to control the power of the Standing Committee and ensure the authority and legitimacy of local regulations;For local People’s Congresses,it is to urge local People’s Congresses to actively exercise their functions,reasonably plan legislative activities and prevent legislative inaction.Through the textual interpretation,it can be concluded that "particularly important" in public law is often presented in the form of the highest order of hierarchy,and tends to limit the scope of discretion."Particularly important" is an abstract adjective,but it is a concept that can be concretized through different dimensions.Through systematic interpretation,put the legislative power of "particularly important matters" in the connection with the Constitution and the Local Organization Law,and pay attention to the text and context of Article 76 of the Legislative Law.Through historical interpretation,we can roughly trace back the revision process of Article 76 and the corresponding legislative background.Through the purpose interpretation,we can more fully show the democratic spirit behind Article 76 of the Legislative Law.In the process of seeking the spirit of democratic legislation,the interpretation of "particularly important matters" should adhere to a more tolerant interpretation position rather than a strictly restrictive attitude.However,there is a gap between the actual state and the desired pursuit.The provisions on "particularly important matters" in local regulations are mainly a simple repetition of Article 76 of the Legislative Law,showing a conservative trend in the process of refinement and implementation.The number of regulations formulated and amended by local people’s Congresses is small,the content is concentrated and the nature is unclear.While giving power,we should clarify the boundary of power.The lack of norms leads to the legislative dislocation of local People’s Congresses and their Standing Committees,which violates the original intention of design.Therefore,through the construction of a ladder identification mode and layer by layer inspection,we can ensure the orderly connection of operation steps and ensure that the corresponding matters are included in the regulation in time.