論我國地方人大與常委會立法權(quán)限劃分
發(fā)布時間：2018-08-09 17:41
【摘要】：2000年的《中華人民共和國立法法》(以下簡稱《立法法》)明確規(guī)定了我國省、自治區(qū)、直轄市和較大的市的人大及其常委會享有制定地方性法規(guī)的立法權(quán)限,民族自治地方的人民代表大會還享有制定自治條例、單行條例的權(quán)力。我國地方人大及其常委會的立法權(quán)也就是我國地方權(quán)力機(jī)關(guān)的立法權(quán),地方人大常委會作為地方人大的常設(shè)機(jī)構(gòu),無論是在《憲法》、《立法法》、《地方組織法》等明文規(guī)定中,還是在其他的授權(quán)上,都被視為與地方人大享有同樣的立法權(quán)限,缺乏明確的權(quán)限劃分。因此,在立法實(shí)踐中,地方人大常委會幾乎獨(dú)攬了我國地方權(quán)力機(jī)關(guān)立法權(quán),地方人大的立法權(quán)形同虛設(shè),常委會的立法權(quán)卻過于膨脹。具體表現(xiàn)在：地方人大與地方人大常委會在立法數(shù)量上存在差別；地方人大常委會有權(quán)對地方人大制定的地方性法規(guī)進(jìn)行修訂等。這種立法現(xiàn)狀嚴(yán)重地阻礙了我國地方立法的發(fā)展。以上問題產(chǎn)生的主要原因是：在認(rèn)識上,將地方人大常委會視為地方人大理所當(dāng)然的代表；法律上,對于地方人大及其常委會立法權(quán)限沒有明確劃分；地方人大及其常委會本身制度對兩者立法權(quán)限劃分的影響；缺乏對地方人大及其常委會立法權(quán)限方面的監(jiān)督。為了解決這一問題,筆者提出了如下建議：完善地方人大及其常委會立法權(quán)限劃分的法律規(guī)定；改革地方人大和地方人大常委會本身制度；將地方人大及其常委會立法權(quán)限劃分納入監(jiān)督范圍。 本文首先對地方人大及其常委會立法權(quán)限的范圍和特點(diǎn)進(jìn)行簡單的概述,并分析了不同立法權(quán)限類型；在第二章介紹了我國地方人大與常委會立法權(quán)限的歷史沿革；第三章結(jié)合各地方人大及其常委會立法實(shí)證來揭露問題并分析其產(chǎn)生的原因；最后提出對于完善地方人大及其常委會立法權(quán)限劃分的建議。 筆者列舉了不少地方立法,通過實(shí)例更好的說明了我國地方人大與常委會立法權(quán)限劃分存在的問題。并且通過對比分析的方法,對地方立法的會議制度進(jìn)行了深入的評析。以期能對我國的地方人大與常委會的立法權(quán)限劃分的研究起到拋磚引玉的作用。
[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.
【學(xué)位授予單位】：湖南師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D920.0
本文編號：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.
【學(xué)位授予單位】：湖南師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D920.0
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 彭喜蘭;對地方人大常委會立法活動監(jiān)督的研究[D];湖南師范大學(xué);2013年
，本文編號：2174824
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