【Minshenghui】

　　Problems such as duplication of legislation, comparison of the number of legislation, and low quality of legislation exist in local legislation to varying degrees.

How to reflect the people’s interests, reflect the people’s wishes, safeguard the people’s rights and improve the people’s well-being into the whole process and all aspects of the legislative work, actively respond to and solve the hot and difficult issues of social concern through legislative amendments, and test the wisdom of the rule of law of legislators everywhere .

　　353 local legislative bodies and 12,000 currently valid local regulations.

Since the legislative law revised in 2015 generally granted local legislative powers to cities with districts, local legislation has provided important legal guarantees for the economic and social development of various regions.

At the same time, problems such as duplication of legislation, comparison of the number of legislation, and low quality of legislation also exist in local legislation to varying degrees.

　　Zang Tiewei, director of the Research Office of the Legal Work Committee of the Standing Committee of the National People's Congress, believes that legislation is the sacred work of setting rules for the country and setting a circle for the society.

How to reflect the people’s interests, reflect the people’s wishes, safeguard the people’s rights and improve the people’s well-being into the whole process and all aspects of the legislative work, actively respond to and solve the hot and difficult issues of social concern through legislative amendments, and test the wisdom of the rule of law of legislators everywhere .

　　Based on the small incision, highlight the "little quick spirit"

　　In December 2017, the Standing Committee of the People's Congress of Weifang City, Shandong Province passed the "Regulations on the Administration of Fireworks and Firecrackers in Weifang City."

In the eyes of Fan Fusheng, deputy director of the Standing Committee of the Weifang Municipal People’s Congress, this 13-article regulation has become a legislative model for “if the implementation effect is immediate, this regulation is the best”.

　　Local legislation needs to have local characteristics, and only as many as are needed. If you can use three or five to solve problems, don’t engage in a “major system”. The key is to thoroughly understand the spirit of the Party Central Committee and proceed from the local reality to solve outstanding problems. This has become a local area. Basically follow the legislative work.

　　The Regulations on Urban and Rural Appearance and Environmental Sanitation, Village Planning Regulations, Red Cultural Site Protection Regulations, Civilized Behavior Promotion Regulations... In recent years, the Standing Committee of Wuzhong City People’s Congress of Ningxia Hui Autonomous Region has successively promulgated and implemented 5 “small cuts, standable, real According to Wang Yongfu, deputy director of the Standing Committee of the Wuzhong Municipal People’s Congress, said that these laws and regulations have solved hot and difficult issues that the people are concerned about, and have aroused widespread attention and received unanimous praise. “A set of local laws and regulations that are'close to the people' are changing. The life of the broad masses of the city’s people".

　　In Wang Yongfu's view, the "small cut" legislation does not pursue "big and complete" or "small and complete" in style, and does not copy the chapter structure of the upper law, but adheres to "a few rules are needed, and a few rules are formulated". A few, formulate a few ""If a few are useful, keep a few" principles.

"Advocacy, call-to-action, and declarative clauses can be written or not written as far as possible. Authorization clauses and applicable clauses should also be avoided as much as possible. The emphasis is on conciseness, clear focus, and targeted, usable, effective and easy-to-use. solve the real problem".

　　Tailor-made can be grounded and effective

　　The implementing regulations of my country's Road Traffic Safety Law stipulate that minors under the age of 12 are not allowed to ride in the back seat of motorcycles, and that mopeds cannot carry people.

However, the electric bicycle management regulations promulgated by Jiangsu Province stipulate that an adult driving an electric bicycle can carry a minor under the age of 16.

Does such a regulation conform to the spirit of the upper law?

　　In response to the review suggestions put forward by citizens, the Legal Work Committee of the Standing Committee of the National People’s Congress believes that although the administrative regulations do not explicitly authorize the establishment of electric bicycles, but based on the needs of citizens to facilitate travel, Jiangsu has made exploratory measures in the form of local regulations. The provisions are consistent with the spirit of the higher-level laws and should be supported.

　　The beneficial legislative attempt of Jiangsu Province's electric bicycle management regulations is a vivid practice of the Jiangsu Provincial People's Congress to keep the bottom line of "non-contradiction" and accurately grasp the spirit of the upper law.

　　Xu Anbiao, deputy director of the Legislative Affairs Committee of the Standing Committee of the National People’s Congress, said that in order for local legislation to play its unique role, it must be within the framework of the socialist rule of law system with Chinese characteristics and in accordance with the requirements of "non-contradictory, distinctive, and operable". "Unification" in "characteristics", and "characteristics" in "unification", closely integrate the general provisions of the upper law with the actual needs of the local area, so as not to conflict with the upper law, and proceed from the local reality to enhance the local characteristics. Kungfu, work hard on innovation and development, focus on scientific analysis of local conditions, and truly integrate local legislation with the resolution of local special problems.

　　When talking about highlighting local characteristics, Wang Lasheng, chairman of the Legislative Affairs Committee of the Jiangsu Provincial People’s Congress, said that the characteristics of local legislation are ultimately determined by the characteristics of local development. They are the reflection and embodiment of local development characteristics in the legislation. Local people’s congresses and their standing committees are required. Proceeding from the specific local conditions and actual needs, formulate local laws and regulations to serve and guarantee the economic and social development of the region.

　　"Different from national legislation and provincial-level legislation, the local laws and regulations of cities with districts have a little more'grassroots' color. But it is this kind of'grassroots' origin that makes it naturally overcome the implementation of higher-level policies or higher-level laws. The deficiencies that may be encountered in the process of being'incompatible with the actual situation at the grassroots level' are inherently in line with the spirit of'all starting from reality'." Fan Fusheng said.

　　Filing review capabilities "proven at the provincial level, explore at the municipal level, and solve problems at the county level"

　　"Arrears of 1 yuan, 200 yuan fine"?

　　Since 2020, many people on the Internet have complained that they were fined 200 yuan for forgetting to pay the parking fee in Beijing, which is too unjust.

According to the Regulations of Beijing Municipality on Motor Vehicle Parking, parking persons shall pay road parking fees in accordance with regulations.

In violation of the provisions of the preceding paragraph, the district parking management department shall call for payment and impose a fine of 200 yuan; if the circumstances are serious, a fine of 500 yuan up to 1,000 yuan shall be imposed.

Many citizens were fined 200 yuan for a few yuan in arrears.

　　After consulting the relevant regulations, He Haibo, a professor at Tsinghua University Law School, put forward a "legal review" proposal to the Standing Committee of the National People's Congress.

　　A few days ago, the Legal Work Committee of the Standing Committee of the National People's Congress issued a special review and research opinion on the regulation that the regulation is inconsistent with the principle of excess penalty equivalence determined in Article 4, paragraph 2 of the Administrative Punishment Law, and inconsistent with the relevant provisions of the law on administrative punishment procedures. , It is difficult to implement.

For opinions, the Beijing Municipal People’s Congress shall proceed from the local reality, and on the basis of extensively soliciting opinions, fully demonstrate, and combine with the newly revised Administrative Penalty Law to adjust and improve the fines limits and procedures, and provide feedback on the relevant situation before July 1 this year.

　　“The regulatory document filing and review system is a constitutional supervision system with Chinese characteristics.” When talking about the importance of filing and review, Liang Ying, director of the filing and review office of the Legal Work Committee of the Standing Committee of the National People’s Congress, said, “If you can make rules at will, then the rules It loses its legitimacy, and the rule of law is impossible to talk about."

　　my country has more than 30 provinces and municipalities, more than 300 cities and prefectures, nearly 3,000 counties and municipalities, and more than 30,000 townships. The five-level people's congresses, the government, various government departments, and public security, procuratorate and law institutions all have the power to formulate regulatory documents.

"Although so many documents do not directly set rights and obligations, they will also have various impacts on the rights and obligations of the people. How can we ensure that these documents are not lacking in supervision and prevent any documents from drifting outside the scope of supervision? This is a big problem.” Liang Ying said, “If the filing and review work is not in place and will not be effective, the implementation of the constitution and laws will be discounted, deformed, and out of shape.”

　　For legislators everywhere, there are still many bottlenecks in the filing and review work, which urgently need to be broken through.

Liang Ying pointed out that the lower the level of documents, the more upper-level laws that need to be complied with. Not only must they comply with the law, but they must also comply with administrative regulations, local regulations, and documents from higher-level agencies, making it more difficult to review.

Moreover, the lower the level of the document, the more direct the impact on the interests of the people, and the greater the opinions of the people.

Therefore, the more you go to the grass-roots people's congress, the higher the requirements for review ability should be.

"For now, the provincial level must be promoted, the municipal level must be explored, and the county level must be resolved." Liang Ying said.

　　(Reporter Liu Huadong)