On the Delineation of Regional Collaborative Legislative Power:Theoretical Interpretation and Institutional Development
The Organic Law of Local People's Congresses and Local People's Governments of China and the Legislation Law of China have successively established the basic legal basis for regional collaborative legislation,but have not produced direct stipulation on the issue of regional collaborative legislative power.From the perspective of regarding regional collaborative legislation as a new form of local legislation,the unclear boundary of legislative power is not only unfavorable to the standardized exercise of regional collaborative legislative power,but also causes messed-up operation of other modes of local legislation in its externalities.It is necessary,on basis of the determined nature of regional collaborative legislation,to examine its relationship with unified regional legislation and separate legislation,and taking this as the logical starting point,to introduce the theory of spacial justice,the theory of externalities,the principle of subsidiarity to clarify the theoretical basis for delineating regional collaborative legislative power from three facets of legitimacy,necessity,and scientificity.Correspondingly,the legitimacy is tested through the dual application of the principle of"non-contradiction"and the principle of"meeting the needs of coordinated regional development",and the necessity is examined by deciding the impact scope of regulated matters,and the scientificity is evaluated on basis of the degree of consensus on regulated matters or their methods,and then the institutional analysis of the delineation of regional collaborative legislative power is gradually promoted,thus accurately and systematically delineating the regional collaborative legislative power based on the inherent consistence between theories and institutions.
Regional Collaborative LegislationUnified Regional LegislationSeparate LegislationLocal LegislationLegislative Power
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维普
