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《Theory Journal》 2018-03
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Theoretical and Practical Innovations of the Local Legislative Power System

Xiao Jinming;Law School of Shandong University;  
In recent years,a series of theoretical and practical arguments have been discussed about the local legislation. Especially since the local legislative power was allocated to a city divided into districts,some problems have emerged such as whether the legislation in the cities divided into districts is legitimate,institutionalized,standardized,programmed or technology-based,and whether the legislative power is constitutional or rational in allocation. Therefore,the common views are needed to pursue in circles of theory and practice to deal with the changes and problems brought about by the configured local legislative power. On the basis of the local legislative power attribute and its operational logic,according to the thinking way of departments of Constitution and principle of Constitutional politics,the Constitutional norms and the established fundamental political system,and to meet the demands of modernizing the national management system and management abilities,this article fully demonstrates the relationship between local governance and local legislation,makes understood the rational layout of the local legislative power,the constitutionality in configuration,the legislative standardization led by the Party,and the effectiveness of the National People's Congress-dominated legislation,scientifically interprets the principle of the local legislation and the improvement of the local legislative system,and practically explains the real problems caused by the expanded local legislation power,as undoubtedly can help the local legislation power function more effectively.
【Fund】: 中国法学会重点专项课题“习近平新时代中国特色社会主义法治思想研究”(项目编号:CLS(2017)ZD2X02)的阶段性成果
【CateGory Index】: D920.0
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