湖南省自治县立法实证研究

An Empirical Study on Legislation of Autonomous Counties in Hunan Province

自治县是行政层级最低的自治立法权行使主体,湖南省7个自治县制定了一些自治条例和单行条例。自治县立法在主体、内容、程序及执行度四个要素方面均存在突出问题。究其根源,《立法法》修改后,设区的市获得立法权,自治县立法权限与上一级地方立法权限界限模糊,自治县立法在专业化与立法成本、民族性与法制统一性、立法与适用之间存在脱节或矛盾。取消自治县一级自治立法权,依托上一级地方立法是解决其困境的唯一出路。

The autonomous county is the lowest administrative level of the main body for the exercise of autonomy legislative power. The seven autonomous counties in Hunan Province have formulated some autonomous regulations and specific regulations, while four distinct problems such as subject, content, procedure and execution exist. The root cause is that after the revision of Legislation Law, the city that has divided districts has obtained the legislative power, therefore, the boundary between the legislative authority of autonomous county and the legislative authority of the upper level is blurred, and the legislation of autonomous county has disconnection or contradiction among specialization and legislative cost, nationality and legal unity, legislation and application. The only way to solve the dilemma is to cancel the autonomous legislative power of autonomous counties and rely on the local legislation of the higher level.