经国务院批准的较大的市之立法权探讨

On Legislative Power in Larger Cities Approved by the State Council

"经国务院批准的较大的市"是我国富有特色的制度,有其独特的发展历程;随着实践发展,该种主体及其相应制度存在的法治需求和地方治理的实际需要已经变迁。从法治方面拷问,不难发现该类城市的宪法地位、审批标准、其立法与上位法的契合关系以及相应的监督机制都殊难把握,我们可以从上述诸方面进行法治化的改造,去除其原有的行政化背景,为该类城市未来的立法权发展模式提供多重方案。

As one of special systems in China,＂Larger cities approved by the State Council＂ have their unique development process. With the development of practice this kind of subject and its system have been confronted with new requirements of law and practical needs of local governance. From the prospective of law, it is not difficult to find that the constitutional status, permission standard, the relationship between higher law and its legislation and the following supervision system can not be easily grasped. Its system should be improved in the above fields through legislation and remove its past administrative backgrounds. At the same time, we can optimize and integrate mutiple plans for the their future development model.