论我国地方人大与常委会立法权限划分
发布时间：2018-08-09 17:41
【摘要】：2000年的《中华人民共和国立法法》(以下简称《立法法》)明确规定了我国省、自治区、直辖市和较大的市的人大及其常委会享有制定地方性法规的立法权限,民族自治地方的人民代表大会还享有制定自治条例、单行条例的权力。我国地方人大及其常委会的立法权也就是我国地方权力机关的立法权,地方人大常委会作为地方人大的常设机构,无论是在《宪法》、《立法法》、《地方组织法》等明文规定中,还是在其他的授权上,都被视为与地方人大享有同样的立法权限,缺乏明确的权限划分。因此,在立法实践中,地方人大常委会几乎独揽了我国地方权力机关立法权,地方人大的立法权形同虚设,常委会的立法权却过于膨胀。具体表现在：地方人大与地方人大常委会在立法数量上存在差别；地方人大常委会有权对地方人大制定的地方性法规进行修订等。这种立法现状严重地阻碍了我国地方立法的发展。以上问题产生的主要原因是：在认识上,将地方人大常委会视为地方人大理所当然的代表；法律上,对于地方人大及其常委会立法权限没有明确划分；地方人大及其常委会本身制度对两者立法权限划分的影响；缺乏对地方人大及其常委会立法权限方面的监督。为了解决这一问题,笔者提出了如下建议：完善地方人大及其常委会立法权限划分的法律规定；改革地方人大和地方人大常委会本身制度；将地方人大及其常委会立法权限划分纳入监督范围。 本文首先对地方人大及其常委会立法权限的范围和特点进行简单的概述,并分析了不同立法权限类型；在第二章介绍了我国地方人大与常委会立法权限的历史沿革；第三章结合各地方人大及其常委会立法实证来揭露问题并分析其产生的原因；最后提出对于完善地方人大及其常委会立法权限划分的建议。 笔者列举了不少地方立法,通过实例更好的说明了我国地方人大与常委会立法权限划分存在的问题。并且通过对比分析的方法,对地方立法的会议制度进行了深入的评析。以期能对我国的地方人大与常委会的立法权限划分的研究起到抛砖引玉的作用。
[Abstract]:The Legislative Law of the people's Republic of China of 2000 (hereinafter referred to as the "legislation Law") clearly stipulates that the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government and larger cities enjoy the legislative authority to formulate local laws and regulations. The people's congresses of national autonomous areas also enjoy the power to formulate autonomous regulations and separate regulations. The legislative power of the local people's Congress and its standing committee is also the legislative power of the local organs of power in our country. As a standing body of the local people's congresses, the standing committee of the local people's congresses is stipulated explicitly in the Constitution, the Legislative Law, the Local Organization Law, and so on. In other cases, they are regarded as having the same legislative authority as the local people's congresses, lacking a clear division of powers. Therefore, in the legislative practice, the standing Committee of the local people's Congress has almost monopolized the legislative power of the local authority in our country, but the legislative power of the local people's Congress is virtually empty, but the legislative power of the standing committee is too inflated. There are differences in the number of legislation between the local people's Congress and the local people's Congress standing committee, and the local people's Congress standing committee has the power to amend the local laws and regulations formulated by the local people's Congress. This kind of legislation status seriously hinders the development of our local legislation. The main reasons for the above problems are as follows: the standing Committee of the local people's Congress is regarded as the representative of the local people's Congress as a matter of course, and the legislative competence of the local people's Congress and its standing committee is not clearly divided in the law; The influence of the system of local people's Congress and its standing committee on the division of their legislative competence and the lack of supervision on the legislative competence of local people's congresses and their standing committees. In order to solve this problem, the author puts forward the following suggestions: perfecting the legal provisions on the division of legislative competence of the local people's Congress and its standing committee, reforming the system of the local people's Congress and the standing committee of the local people's Congress; The division of legislative competence of the local people's congresses and their standing committees shall be included in the scope of supervision. Firstly, this paper gives a brief overview of the scope and characteristics of the legislative competence of the local people's congresses and their standing committees, and analyzes the different types of legislative powers, and in the second chapter introduces the historical evolution of the legislative powers of the local people's congresses and their standing committees. The third chapter combined with the legislation of the local people's Congress and its standing committee to expose the problems and analyze the causes of their emergence, and finally put forward suggestions to improve the division of legislative competence of the local people's Congress and its standing committee. The author enumerates many local legislations and illustrates the problems in the division of legislative competence between the local people's Congress and the standing committee through examples. And through the method of comparative analysis, the conference system of local legislation is deeply evaluated. It is expected that the study on the division of legislative competence between the local people's Congress and the standing committee will be helpful to the study of the division of the legislative powers of the local people's Congress and the standing committee.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
本文编号：2174824
[Abstract]:The Legislative Law of the people's Republic of China of 2000 (hereinafter referred to as the "legislation Law") clearly stipulates that the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government and larger cities enjoy the legislative authority to formulate local laws and regulations. The people's congresses of national autonomous areas also enjoy the power to formulate autonomous regulations and separate regulations. The legislative power of the local people's Congress and its standing committee is also the legislative power of the local organs of power in our country. As a standing body of the local people's congresses, the standing committee of the local people's congresses is stipulated explicitly in the Constitution, the Legislative Law, the Local Organization Law, and so on. In other cases, they are regarded as having the same legislative authority as the local people's congresses, lacking a clear division of powers. Therefore, in the legislative practice, the standing Committee of the local people's Congress has almost monopolized the legislative power of the local authority in our country, but the legislative power of the local people's Congress is virtually empty, but the legislative power of the standing committee is too inflated. There are differences in the number of legislation between the local people's Congress and the local people's Congress standing committee, and the local people's Congress standing committee has the power to amend the local laws and regulations formulated by the local people's Congress. This kind of legislation status seriously hinders the development of our local legislation. The main reasons for the above problems are as follows: the standing Committee of the local people's Congress is regarded as the representative of the local people's Congress as a matter of course, and the legislative competence of the local people's Congress and its standing committee is not clearly divided in the law; The influence of the system of local people's Congress and its standing committee on the division of their legislative competence and the lack of supervision on the legislative competence of local people's congresses and their standing committees. In order to solve this problem, the author puts forward the following suggestions: perfecting the legal provisions on the division of legislative competence of the local people's Congress and its standing committee, reforming the system of the local people's Congress and the standing committee of the local people's Congress; The division of legislative competence of the local people's congresses and their standing committees shall be included in the scope of supervision. Firstly, this paper gives a brief overview of the scope and characteristics of the legislative competence of the local people's congresses and their standing committees, and analyzes the different types of legislative powers, and in the second chapter introduces the historical evolution of the legislative powers of the local people's congresses and their standing committees. The third chapter combined with the legislation of the local people's Congress and its standing committee to expose the problems and analyze the causes of their emergence, and finally put forward suggestions to improve the division of legislative competence of the local people's Congress and its standing committee. The author enumerates many local legislations and illustrates the problems in the division of legislative competence between the local people's Congress and the standing committee through examples. And through the method of comparative analysis, the conference system of local legislation is deeply evaluated. It is expected that the study on the division of legislative competence between the local people's Congress and the standing committee will be helpful to the study of the division of the legislative powers of the local people's Congress and the standing committee.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
【引证文献】
相关硕士学位论文 前1条
1 彭喜兰;对地方人大常委会立法活动监督的研究[D];湖南师范大学;2013年
，本文编号：2174824
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