良法视角下设区的市立法质量的提升

On Improvement of the Quality of Legislation in City with Districts from the Perspective of Good Law

《中华人民共和国立法法》的修改赋予设区的市地方立法权,这是地方治理法治化的必然要求。良法是法治的前提,随着设区的市立法的展开,如何提升设区的市的立法质量成为不可回避的课题。从良法视角看,设区的市立法需符合合法性、规范性、正义性、地方性、实效性的要求,但目前设区的市立法质量还存在内容有所重复、规范性欠缺、程序不够完备、地方性不够突出、可操作性不强等问题。针对这些问题,要通过树立正确的立法观念、明确立法权限、健全立法程序和相关制度、提高立法队伍专业素质等措施提升设区的市立法质量。

The amendment of the Legislative Law gives the city with districts the legislative power, which is the inevitable requirement of the rule of law in local governance. Good law is the premise of the rule of law. With the development of district-based city legislation, how to improve the quality of district-based city legislation has become an unavoidable issue. From the perspective of good law, the legislation of the city with districts should conform to the requirements of legality, normalization, justice, locality and effectiveness. However, there are still some problems in the legislative quality of the city with districts, such as repetition of contents, lack of normalization, incomplete procedures, lack of prominence of locality, and lack of maneuverability. In order to solve these problems, it is necessary to improve the quality of legislation by establishing correct legislative concepts, clarifying legislative authority, perfecting legislative procedures and relevant systems, and improving the professional quality of the legislative team.