The Separated Stipulation of Provisions on Pilot Legislation in the Legislation Law and Its Power Logic
During the process of amending the Legislation Law in this round,a consensus-reached proposal was formed to formulate the provision on the pilot legislation in a unified manner,but the final legislation did not follow it,but adopt a mode of separated formulation of provisions on relevant systems.This is because the logic of strong legalism of such proposal contradicts the inherent requirements of legislation,and its one-way perspective fails to take into account the core reality of the central-local relationship.The design of the separated formulation of provisions on pilot legislation reflects the differentiated mode of power operation and institutional purpose:the pilot system led by the central government grants exclusive powers to achieve a special state of rule of law;the pilot system responsible by the local government innovates the form of norms to shape a specific region of rule of law.Behind the differences,there is still a consistent logic of legislative power allocation:the exclusive legislative powers of the central government is clarified to maintain the unity of the legal system,and the restrictions on provisions on other powers are reduced level by level according to the distance from the exclusive powers to release the vitality of reform.
Amendment of the Legislation LawPilot LegislationCentral-local RelationshipPower Allocation
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