设区的市地方立法权限范围探究

Research on the Scope of Legislative Authority of Districted Cities

《中华人民共和国立法法》第七十二条关于设区的市立法权限范围的规定已相对滞后。在实施过程中存在立法权限范围过窄、立法需求不能得到满足,不利于地方特色的体现,法律文本规定不清晰和重大改革于法有据难以实现的问题。为完善立法权限范围,在立法实践中可以通过完善“三大事项”的限制规定、对“等”作扩大解释、尝试赋予其专属立法权、逐步构建省级人大常委会的备案审查权来进一步明确其立法权限范围,使设区的市立法在不抵触上位法和遵循法制统一原则的底线下,最大程度地发挥立法的主动性和创新性,实现立法的精细化。

The legislation stipulating the scope of legislative competence of districted municipalities in Article 72 of the Legislation Law has lagged behind relatively. In the process of implementation, there are some problems, such as too narrow scope of legislative authority, unsatisfied legislative needs, unfavorable reflection of local characteristics, unclear provisions of legal texts and difficult realization of major reforms based on legal evidence. In the legislative practice, the scope of its legislative authority can be further clarified by perfecting the restrictive provisions of the “Three major matters”, expanding the interpretation of etc., trying to endow the cities with districts with exclusive legislative power, and gradually constructing the filing and review power of the Standing Committee of the provincial People’s Congress. On the premise of following the principle of unification of legal system and not contradicting the principle of superior law, the legislation of the city divided into districts should give full play to the initiative and innovation of legislation to achieve the refinement of legislation.