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2015年3月全国人大修改通过的《立法法》规定设区的市人大及其常委会可以制定地方性法规。这是对中共中央提出依法赋予设区的市地方立法权的回应,也是我国立法制度的进一步发展和完善。但仍存在设区的市地方立法权设置的合宪性,《立法法》与《地方组织法》的协调,以及设区的市地方立法权设置如何进一步呼应发展现实需要等挑战和问题。虽然可以从开放性授权角度理解宪法条款,但未来应当通过探索《宪法》解释机制、协调《立法法》与《地方组织法》关系等方式,逐步扩大地方立法权的主体和范围,从而真正做到包括“设区的市”在内的地方立法权扩张既有宪法依据,又能全面符合地方经济社会发展的实际情况。
In March 2015, the “Legislation Law” passed by the National People’s Congress, which was amended and passed, stipulated that the municipal people’s congress and its standing committee of a subdistrict may formulate local laws and regulations. This is a response to the CPC Central Committee’s proposal of the legislative power granted by the Central Government of the city to the districts where the district is located. It is also a further development and improvement of the legislative system in our country. However, there still exist the constitutionality of the legislative power of the localities in the districts, the coordination of “the Legislation Law” and the “Local Organization Law”, and the challenges and problems such as how to set up the legislative power of the municipal districts and districts to further meet the needs of the development. Although the constitutional provisions can be understood from the perspective of open authorization, in the future, we should gradually expand the subject and scope of local legislative power by exploring the interpretation mechanism of the Constitution and coordinating the relationship between the “Legislation Law” and the “Local Organization Law” The extension of the legislative power to places including the “city of the district setting” has both the constitutional basis and the full compliance with the actual conditions of local economic and social development.