The comprehensive promotion of the rule of law, the need for a better "law of the law". The much-anticipated draft amendments to the legislation law on the 8th submitted to the twelfth session of the National People's Congress for deliberation. From the draft, China enjoys local legislative power of the city will increase from 49 to more than 280.
Local legislative power doubled "expansion" intention, this move will bring several benefits to the reform and development of the local community, whether the local community can successfully undertake the legislation of the substantial empowerment, decentralization, expansion of power at the same time, how to prevent local "abuse of power", these are the parties
Why the substantial expansion?
The current legislative law provides that "larger municipalities" enjoying legislative power include three categories: "municipalities where the people's governments of provinces and autonomous regions are located," "municipalities where special economic zones are located," "municipalities where the State Council has approved the establishment of special economic zones," and "municipalities where the State Council has approved the establishment of special economic zones. " "approved by the State Council of the larger city", a total of **** 49.
The draft amendment adds a new category: 235 "other cities with districts". Old and new together, the country's 284 cities will enjoy local legislative power. In addition, Vice Chairman of the Standing Committee of the National People's Congress, Li Jianguo, suggested on the 8th in the explanation of the draft, to give the city of Dongguan, Guangdong Province, Zhongshan City, and Jiayuguan City, Gansu Province, not set up a district to local legislative power.
"Years of appeals have finally made a breakthrough!" Zheng Xuejun, a deputy to the National People's Congress from Wenzhou, said. Elected to the twelfth session of the NPC so far, every year, she suggested that Wenzhou will be approved as a "larger city", to obtain local legislative power.
She said, Wenzhou has always been the first area of reform, has the courage to break through, the courage to work, the courage to innovate gene. "Wenzhou people meet the sun on the brilliant, meet the rain on the germination, but is the lack of so much sunshine and rain". There is no local legislative power, resulting in a lot of reform exploration can not be carried out, or there is no way to promote in-depth.
Wenzhou is not alone. Many cities are making rapid progress in economic development and urban construction, but problems and conflicts are multiplying. Due to the lack of legislative power, they can often only be replaced by "red-top documents", but it is easy to cause new problems.
Ma Huaide, vice president of the China University of Political Science and Law and an expert in administrative law, said that with the deepening of reform and development, local demand for legislation has become stronger. "Take urban management as an example, urban management law enforcement agencies need to standardize their operation, the central government has no urban management legislation, localities want to legislate but have no authority to do so, and they can't solve management problems without legislation. This constitutes a contradiction."
Release how many dividends?
In terms of legislative power, Hefei is undoubtedly the envy of Wenzhou. Earlier this year, the implementation of the "Hefei City Urban Management Regulations", because of the square dance and other collective fitness behavior to regulate, into the public eye.
As one of the 49 cities that have previously "tasted" local legislative power, so far, the Hefei municipal government has formulated 68 pieces of regulations, and submitted to the Standing Committee of the Municipal People's Congress to formulate 45 pieces of local legislation. These legislation, covering the development of the private economy, environmental protection, public **** resource transactions, urban management and other aspects of the reform and development to create a more reliable system of "small environment".
Deputy of the National People's Congress, Hefei City Mayor Zhang Qingjun cited the "Chaohu Lake Basin Water Pollution Prevention Regulations" as an example. This Hefei's "optional action" to regulate the behavior of the lake in accordance with the law, divided into several levels of protection areas, such as the
a certain range of the lake and into the lake river, in addition to the project under construction, the new project is strictly controlled. "In addition to this, this effectively avoids the change of orders caused by personnel changes, government changes, etc., and also
forms an effective constraint on the government's administrative power
." Zhang Qingjun said.
According to the draft, localities enjoying legislative power can formulate local laws and regulations on matters in three areas, including urban and rural construction and management, environmental protection and historical and cultural preservation. Local laws
regulations already enacted by the original 49 larger cities, involving matters outside the scope of the above, continue to be effective. Experts believe that it is of great significance to give municipalities with districts the right to legislate, and some innovative initiatives and major projects can be accelerated through local legislation.
It can be found that the draft gives local legislative power to the city multiplied at the same time, the scope of its legislation shrinks. "With laws, administrative regulations and provincial local regulations becoming increasingly complete, it is necessary to appropriately limit the legislative authority of larger cities. This can avoid duplicate legislation and maintain the unity of the national legal system." Liang Ying, director of the research office of the NPC Standing Committee's Legal Affairs Commission, said.
Is the capacity up to standard?
"It is imperative to do a good job in preparing for the undertaking of local legislative power." Chen Xiaohua, a deputy to the National People's Congress (NPC) and director of the Standing Committee of the Wenzhou Municipal People's Congress (NPC), said the NPC Standing Committee of Wenzhou Municipal People's Congress (NPCSC) has set up a leading group for legislative preparation, and she admitted that Wenzhou is in urgent need of talents in this area, and that the guidance and training for the legislative work needs to be enhanced.
After obtaining the authority, whether the quality of legislation is qualified enough and whether the legislative capacity can be matched is also a serious test question in front of the legislative departments of various places. Some members of the public are also concerned about whether the local government will enact bad laws, bad laws, or even "strange laws".
This is not an unfounded concern. A few years ago, a province to develop and implement maternal and child health care regulations, but this local legislation against the upper law of the Marriage Law on the "abolition of mandatory marriage examination," the content of some experts questioned the "ultra vires
law" suspicion. There have also been local regulations issued by a prefecture-level city, requiring all local property development companies to pay no less than 250,000 yuan per unit of the "first elevator renewal fee" before the sale of houses, and not issuing pre-sale certificates for houses without paying the money, which has aroused widespread skepticism among
businesses and the public.
Experts believe that legislation is a complex task that requires a high level of professionalism. Localities urgently need to make up for the shortcomings in terms of institutional setup and staff capacity.
It should be noted that after the empowerment, the progress of local legislation is not "one size fits all". The draft amendment provides that the provinces, autonomous regions of the Standing Committee of the National People's Congress to take into account the province, autonomous regions under the jurisdiction of the municipalities of the population
quantity, geographic area, economic and social development, as well as legislative needs, legislative capacity and other factors, to determine the other municipalities of the region to begin to formulate the local regulations of the specific steps and time, and to report to the Standing Committee of the National People's Congress and the State Council for the record.
How to prevent abuse?
"There is no legislative power, some local governments have come up with a lot of 'red-topped documents' to compete with the people; once there is legislative power, is it not more open and aboveboard, unscrupulous?" "If an illegal law enforcement is just polluting the water flow, then an illegal legislation is polluting the whole water source."......
For the expansion of local legislative power, netizens expressed concerns pointing to a key issue: how to avoid legislative power abused by localities? With so many cities having legislative power, how can they be effectively and timely monitored and reviewed?
According to the draft, in addition to limit the scope of local regulations, but also provides for the development of local government regulations, there is no law, administrative regulations, local laws and regulations based on the norms shall not be set to derogate from the rights of citizens, legal persons and other organizations or increase their obligations. In addition, in the case of administrative regulations, it is required to listen extensively to the views of relevant organs, organizations, deputies to the National People's Congress and citizens during the drafting process.
Public opinion will form an effective constraint on local legislative power. The draft calls for broadening the ways for citizens to participate in legislation in an orderly manner, carrying out legislative consultations, and improving the system of legislative argumentation, hearings, and public consultation on draft laws.
Jiang Mingan, a law professor at Peking University, said the NPC and provincial-level people's congresses should set up special supervisory and review bodies for regulations and rules, and other specialized committees of the NPC and the working bodies of the NPC Standing Committee can cooperate with them in their supervisory and review work; and the legislation
law should clearly stipulate that the review body should accept the time limit for reviewing the applications of organs, groups, organizations and citizens, the time limit for the implementation of the review, the time limit for the feedback of the results of reviewing the applicants, and the time limit for the review. Feedback to the applicant of the review results of the time limit. Only in this way, the review system can really play
a role.