JIANGHAN ACADEMIC ›› 2020, Vol. 39 ›› Issue (4): 77-91.doi: 10.16388/j.cnki.cn42-1843/c.2020.04.008

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Changes of China’s Local Legislation Norms in the Past Seventy Years

WAN Fangliang   

  1. School of Law,Henan Police College,Zhengzhou 450046
  • Received:2019-11-14 Online:2020-08-15 Published:2020-06-24

Abstract: Local legislation functions as important institutional supply in state and social governance. In different historical periods,the political pursuit,national focus,and institutional environment directly determined the practice guideline of local government in its legislative resource allocation. From the early period after the foundation of New China in 1949 to that before the reform and opening up,out of the practical demand of the dictatorship of the proletariat,the central government,on the whole,had an attitude of“withdrawing”power from local legislation;from the reform and opening up to the promulgation of Legislation Law,out of the practical consideration of market economy logic,the central government exhibited a“devolution”governance tendency when defining the role of local legislation;after the promulgation of Legislation Law,the central government,besides following the basic idea of“devolution”,paid more attention to the normalization and institutionalization in the allocation of legislative power. By nature, the “withdrawal” and “devolution” of local legislative power was carried out around the normalization of power allocation and the smooth operation of the system;the core pursuit is to achieve the effectiveness and legitimacy of state governance through the subtle aggregation of power and institution.

Key words: the socialist rule of law system with Chinese characteristics, local legislation, legislative system, institutional supply, state governance, legislation law

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