设区市地方立法问题研究

Local Legislation of Cities with Administrative Districts

设区市地方立法权是中国加强法治建设、处理日益复杂的地方性事务及促使地方政府科学和规范管理的重要措施。由于中国设区市立法权问题研究时间较晚,现有的设区市立法文件较少、立法内容不完整,立法队伍专业化程度低,部分立法部门参与立法时行政化严重,导致法案脱离群众需求,缺乏科学性。设区市地方立法惟有梳理立法流程、法案内容和立法队伍等方面的问题与不足,科学立法,合理配置立法队伍,落实立法第三方评估监督机制,提升民众立法参与意识,坚持循序渐进的原则推进设区市立法制度改革,方可为地方依法行政提供有效保障。

The legislative power of cities with administrative districts is an important measure for the purposes of strengthening the national legality construction, dealing with the increasingly complicated local affairs and promoting the scientific and normative management of local governments. In China, the research on the legislative power of cities with administrative districts started very late, the documents on the legislation of cities with administrative districts are not easily available and lack of complete contents, and legislation practitioners are poorly professionalized, severe administerization exists in the participation of legislative departments in legislation. All this above has caused the bills which are set or passed by local legislative institutions to disagree with the demand of the masses and lack of scientificity. In the legislation of cities with administrative districts, local administration by law will be guaranteed effectively only if the problems and shortcomings which exist in the legislative process, the content of bills and the practitioners of legislation are combed, legislation is implemented scientifically, legislative teams are allocated reasonably, the third-party assessment and supervision mechanism is carried out, people＇s awareness of participation in legislation is strengthened, and the legislative system reform of cities with administrative districts is promoted adhering to the step-by-step principle.