- 2023年全国两会专题
- 2023年全国两会拉开序幕,皮书数据库精选两会热点议题,聚合智... 详情>>
Since the establishment of the local legislative system after the reform and opening up,the problem of “legislation duplication”,especially the problem of vertical duplication,has become a common concern in the theoretical and practical circles. Taking the legislation on optimizing the business environment of the provincial people’s congresses and standing committees as the research material,this paper investigates the vertical duplication of China’s local legislation after the revision of the legislative law through a comparative study of the chapters and provisions of the State Council and 20 provincial local business environment regulations. This paper finds that after the amendment of the legislation law,although there are many innovations in local legislation,the problem of vertical duplication is still prominent. The “local characteristics” of some local legislation are mere form and not reflected in the innovation of substantive content. Moreover,the problem of duplication has a positive correlation with the time difference between local and central legislation. Institutional competition has not become the real driving force of Local Legislation Innovation in China. This paper holds that the operation of local legislative system is affected by the local political environment,and it is biased to judge the relationship between central and local governments according to the collection and release of local legislative power.
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