Abstract
The bigger cities legislation is not only an important part of local legislation,but also is one of the part of “Socialist legal system with Chinese characteristics”.Theoretically,the research of the bigger cities will help improve the “Socialist legal system with Chinese characteristics”;For practice,the research of the bigger city can solve problem of local legislation.This dissertation has three parts and six chapters.These three parts are:ontology(chapterⅠ,chapterⅡ),operation(chapterⅢ,chapterⅣ,chapterⅤ),conclusion(chapter Ⅵ and chapter Ⅶ).Ontology is talking about:what is the bigger city? Operation is talking about:how is the bigger city? Conclusion part talks about the future of the bigger city.Chapter Ⅶ takes Zhu Hai for example.
In chapterⅠ,this article includes:text,theory and history.For text,this article check out meaning of the bigger city in the Constitution,the local organization law,legislative law and other relevant laws and other regulations.Then this article discusses some relevant theories,which includes:centralization of authority,decentralization,average power.For our country,we have experienced decentralization—delegated—decentralization,and the bigger city is the result of delegated of authorities.In the third part of this chapter,I use some data to prove or find the reason of the following questions:why these cities became the bigger city,while other didn’t,why the authority didn’t approve any other bigger city after 1994? And why the authority recommitted the bigger city?
In chapterⅡ,I talk about the foundation of the bigger city,which is the validity,rationality,conforms to China’s national conditions.For the rationality reason,which include the complexity of urban governance,the expansion of difference of city,risk society.For the validity,some scholar said the legislation of bigger city violate the constitution,because constitution allows the provincial level has the power of legislation.What I want to prove is that allows the bigger city has the power of legislation is validity.For conforms to China’s national conditions,I found that the other cities which have not the right to legislation,they also have make a lot of normative documents,which is exactly same of legislation.And it causes chaos in reality,so we should give these cities the power of legislation.
ChapterⅢ mainly studies the theory and practice of the authority of legislation of the bigger city and the space of legislation of the bigger city.these two concepts are often used interchangeably in the academic,but use slightly different.In this section,I distinguish the two conceptions.Secondly,I discuss the decentralization of authority,especially in legislation.In the legislative law,it uses “importance” to distinguish the central and local legislative power,and scholars “importance + influence scope” to distinguish the central and local legislative power,and in my opinion,we should add “property and responsibility”,if the central government wants local government finishes something,it must give the local government property and legislative power.In section Ⅲ,this paper found some problem in legislation space:bigger cities have “unauthorized”,host law did not update,and it limit lower level law,the special economic zones use its special legislative power to enlarge his legislative space,the proportion of implementation legislation is large,while the autonomy legislation and precedent legislation is small.On account of this condition,this paper comes up with some suggests.
ChapterⅣ mainly studies the theory and practice of approving the regulations of bigger city.In theoretically,this article discusses the function of approval and the necessity.And this article talks the meaning of “not conflict”,in common saying,“not conflict” means “not only obey the upper spirit,but also obey the specific provisions”.But in my opinion,“not conflict” means “only obey the upper spirit”.In the practice,the article detailed carding every province in the approval of the bigger city legislation.And I found some problems,base on the problems,this article gives some advice and suggestions.
ChapterⅤ mainly studies the theory and practice of the bigger cities’ legislative assessment.In the theoretical part,the article discusses the concepts,features,functions,legislative evaluation principles and methods.In the selection of assessment indicators,this article puts forward a new opinion.The original way is the type of plane,which list the indicators and score,then give the conclusion.In this way,many problems cannot be solved,and this article gives a new model,which can help solve the problems.In practice,this article carding the legislative evaluation practice of all the bigger cities.Based on this,I put forward some improvement suggestions.
ChapterⅥis the prospect of the bigger city of legislation,and also the conclusion part.In this chapter,the main point of this article is the future of the bigger city.And the trend is from bigger city legislation to urban legislation.This paper firstly analyzed the influence factors of city legislation:economic,development,city process,Chinese environment.And then through the analysis of data,get the conclusion that the bigger city legislation will become urban legislation.There are some arguments about the urban legislation,this paper gives some responds.
Chapter Ⅶ focuses on the case studies of bigger cities.This book takes Zhuhai legislation as an example.In this chapter,This book introduce the history ,the achievements,and problems of Zhuhai legislation,the analysis of the problem for the Zhuhai can solve other problem of city legislative.
Key Words:Local Legislative;The Bigger City;Theory and Practice