摘要
自2015年修订的《立法法》赋予设区的市以限定范围的立法权以来,到2019年新赋权设区的市共制定地方性法规899部。这些法规存在超越权限、缺乏必要与依据、与上位法相抵触等违反依法立法原则的现象。究其根源,主要有《立法法》本身的问题、新赋权设区的市的认识偏差和备案审查机关不作为等。应深入挖掘国家《立法法》赋予全国和省级人大常委会的权力资源,创新立法准入规则、立法解释规则和立法监督规则,坚持稳中求进立法总基调、坚持立法底线思维、坚持党对立法工作的领导,强化依法立法原则在设区的市有效落实,确保地方立法始终走在正确轨道上。
Since the Legislative Law of PRC (hereinafter referred to as the National Legislative Law) was revised in 2015, 899 local laws and regulations have been enacted by the newly empowered cities with districts by 2019. Legislative laws and regulations, including the regulations formulated by local governments, are all called local laws and regulations here for the sake of convenience. Through a thorough study of these laws and regulations enacted from March 15, 2015 to March 26, 2019, it reveals that some phenomena of violating the principle of legislating in accordance with the law, such as suspected ultra vires, lack of necessity and basis, and conflicts with upper laws, are prominent. The unification of legal system in China is facing the challenge of ubarbaric growth" of local legislation. The main causes are the congenital deficiency of the National Legislative Law, the cognitive deviation of newly empowered cities, and the inaction of the archiving and reviewing organs. Correspondingly, we proposes to dig deeply into the power resources entrusted to the Standing Committee of the National People' s Congress by the National Legislative Law, put quality before quantity, proceed slowly rather than hastily, innovate the rules of legislative access, legislative interpretation and legislative supervision, and adhere to the general tone and bottom line of legislation and the Party's leadership in legislative work. These should strengthen the effective implementation of the principle of legislating in accordance with the law in cities with districts and ensure that local legislation is always on the right track.
作者
卫学芝
汪全胜
WEI Xuezhi;WANG Quansheng
出处
《中共中央党校（国家行政学院）学报》
CSSCI
北大核心
2019年第4期116-122,共7页
Journal of The Party School of The Central Committee of The C.P.C（Chinese Academy of Governance）
基金
山东省社科项目“地方立法研究”(16CFXJ02)
关键词
依法立法
立法法
人大制度
立法规则
legislating in accordance with the law
legislative law
practical innovation of NPC system
legislative rules
