"Four persistence" of local legislation
July 31, 2019 08:09 Source: "Chinese Social Sciences" July 31, 2019, No. 1746, author: Ha Shuju

The Fourth Plenary Session of the Eighteenth Central Committee of the Party proposed,To develop and improve my country's legislative system construction,Local legislative agencies given to districts have certain legislative rights。March 2015,To implement the spirit of the Party Central Committee,The Third Meeting of the Twelfth National People's Congress adopted the Amendment of the Legislative Law of the People's Republic of China,New Law gives local legislative rights to all cities in districts。March 11, 2018,The first meeting of the 13th National People's Congress passed the Amendment of the Constitution of the People's Republic of China,Confirm from the level of constitutional norms that there are local legislative rights in the city in the district,I have the right to protect environmental protection、Urban and rural construction and management、Historical and cultural protection and other matters formulate local regulations。The legislation of local legislature is an important supplement to national legislation,Can provide sufficient legal guarantee for local economic and social development。but,Legislation is a political nature、Professional、The construction of the rule of law with strong technical nature。Constitution and Laws have limited conditions for legislative power to the local people's congress,Local legislators should accurately and reasonably locate this local legislative power。To achieve scientific legislation、High -quality legislation,Local legislators must achieve the following "four persistence"。

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The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics,It is the most important guarantee for China to Bet365 lotto review build a country in rule of law。The party's leadership of the party contains two levels of the central and local levels,That is。Local Party Committee should adhere to the party's leadership in leadership of local legislation,Political correctness to ensure legislative work。Local party committees with legislative power should establish and improve the responsibility system for leadership legislative work,To refine and improve the legislative work system of local party committees,Clarify the focus of the legislative work of the party committee、Methods and Methods;。Especially when it involves the formulation of local legislative plans and makes major adjustments to legislative planning,sensitivity to politics、When the masses pay attention to the high degree of attention, when the work is abandoned abandoned,When problems involving major systems and major policy adjustments,Local legislators with legislative power must report to the party committee in time。In short,We must always insist on party leadership legislative work without shaking,Ensure that local legislation can correctly reflect the requirements of the development of the party and the state。

  Local legislation shall follow the spirit of the Constitution and the rule of law

my country's Constitution preface clearly stipulates that "the people of all ethnic groups in the country、All state organs and armed forces、Each party and social groups、Enterprise Organization,All must be based on the constitution as the fundamental activity standard,And to maintain the dignity of the constitution、Duties of ensuring the implementation of the Constitution "。Local legislative activities should follow the spirit of the Constitution,Grasp the legislative scope、Adhere to the principle of legislative,Keep political rules。The Legislative Law stipulates: "Legislation should follow the basic bet365 live casino games principles of the constitution,Centered on economic construction,Adhere to the road of socialism、Persist in people's democracy specialized、Adhere to the leadership of the Communist Party of China、Persist in Marx Leninism Mao Zedong Thought Deng Xiaoping theory,Adhere to reform and opening up。"This is the constitutional principle of local legislation,Is the soul of local legislative work,It is also the most fundamental and most important standard for measuring and testing the quality of local legislation,The purpose is to maintain the authority of the Constitution。

Local legislation must adhere to the spirit of the rule of law,Follow the legal authority and procedure。The Legislative Law stipulates,"Legislation should be in accordance with legal authority and procedures,Starting from the overall interests of the country,Maintaining the unity and dignity of socialist legal system "。This is not only the spirit of the rule of law that should be adhered to at the national legislative level,It is also the principle of rule of law that local legislation cannot leave。So,Local legislative agencies must have the overall consciousness of the national "one game",Whether it is with national laws、Implementation regulations supported by regulations,It is still supplementary regulations formulated in accordance with a certain legal specification,and autonomous regulations formulated on the basis of implementing a law,None of the Constitution、Law、Acknowledgments of administrative regulations。otherwise,Local legislation must strictly abide by the legal position rules of the lower laws obediently obey the law,It is mainly based on the refinement and supplement of the upper method,Enhanced the operability of laws and regulations、executability。Local legislation cannot conflict with the relevant specifications of the upper law,Upper legal bet365 Play online games specifications have clearly specified content,Local legislation can neither change or reduce the right to reduce damage,It can not be randomly increased to increase the obligation of the upper position without regulations。Local legislation cannot be with the legislative principles of the upper law、Legislative spiritual conflict。Local legislative agencies in the process of exercising legislative power,It should strictly abide by the Limit of Legislative Law on Local Legislative Mes.,Avoid cross -border。

  Local legislation must adhere to the principle of characteristics and benefits

The key to the existence of the vitality and authority of laws and regulations is whether it is operable,Can it be really applied in social practice。The more prominent the local legislative characteristics,The stronger the targetedness,The more you can solve the actual problem,The implementation effect of the regulations is also better。Local legislation cannot be "raised as",Follow the Constitution and the spirit of the rule of law,Under the premise of not violating the upper law,To combine the local natural environment、Human environment、The level of socio -economic development is equal actual situation,Tightly surrounding cities in the district in environmental protection、Urban and rural construction and management、Historical and cultural protection three areas of three areas that are urgent to solve the legislative work,In -depth investigation research。Adhere to the problem -oriented,Pay attention to solving laws and regulations and other aspect laws.,However, there are problems that have outstanding problems in the local area.,Promote local reform and economic and social development with local legislation。At the same time,Local legislation should pay attention to the social effect of legislation,Its legislative process is a process of seeking the largest contract for all parties,It is also a constant running -in、The process of gradually improving the quality of regulations。

Local legislation cannot Bet365 lotto review deviate from the specific situation and actual needs of the region,Treatment、effectiveness and operability,Formulate the content of a characteristic of one party; avoid a large number of excerpts and references to the upper law,Become a copy of the upper position; avoid a large number of slogans、Principles regulations,We must focus on solving specific problems in the region through local legislation,Develop a local urgent good law。Some local legislature emphasizes the formal integrity of the law system during legislation,Detailed introduction to the significance and background of local legislation introduced in detail,At the most critical specification and refinement and other specific operational levels,Almost one with a stroke。Local regulations of the upper -level rules of replica,Due to still lack of targeted、effectiveness and operability,It will be unable to achieve the standardized role of local legislation。So,To improve the targetedness of local legislation,Details that can be refined、It must be clear,The key is to use it,It must be effective and operable。Requirement of legislation must have detailed content、Converbication content、Extended content,It must also have unique content、Exploratory content。For this,Local legislation needs to carry out effective evaluation work,Establish and improve local legislative assessment system。Before the legislative nor the legislation, you need to evaluate,Intuitive reflection of the expected effect of legislation or the actual effect after implementation,Local legislative assessment work should form a normal mechanism。

  Local legislation must adhere to the principle of scientific legislation

The Third Plenary Session of the 18th Central Committee of the Party、The Plenary Session of the Fourth Central Committee put forward requirements for "improving legislative quality"。Local legislation quality is directly related Bet365 app download to the effect of its implementation,As an important part of my country's socialist legal system,It is necessary to play a role in escorting the local economic development,So,The actual situation that can really fit the local area,Local legislation with high quality is important。Only adhere to the scientific legislative method,can ensure that there are high -quality local legislation,Make it more in line with local objective and actual needs and meet the wishes of the people,Really promoting the development of local undertakings。

To ensure that local legislation is scientific,Local legislative agencies shall improve legislative procedures and legislative technical specifications,Improve the relevant local legislative work system,If the establishment of the project is established、Consultation、Consultation、Evaluation Theory、Expert participation and other legislative work mechanisms,Comprehensively and orderly providing sufficient institutional guarantee for the implementation of local legislative work。In the specific local legislative work,First,To persist in planning in advance,Suggestions for the proposal of legislative projects、Preliminary demonstration、Reasonable screening and other aspects,Based on this, the legislative plan is scientifically prepared。Next,Before the local legislation intention is developed,It should be fully investigated and studied,Do a good job of comprehensive communication and coordination,Widely seeking social opinions and suggestions,Listen to public opinion、Gathering people's wisdom,Conform to the expectations of the masses、Focus on social attention,Follow the focus of local legislation、Difficulty Questions。Another,To formulate science、Specification、Efficient local legislation must improve the legislative assessment mechanism,Establish and improve legislative bet365 Play online games expert consultant system,Give full play to their rich legal practice experience and professional expertise,Lay a solid foundation for more deeper and detailed modification of the draft regulations。Legislative assessment of self -improvement of local legislative work,Realize the scientific and effectiveness of legislation,Ensure that the construction of the rule of law in the law has important practical significance。

  (The author is a professor at the School of Law of Heilongjiang University)

Editor in charge: Liu Yuan Ship
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