论我国中央与地方立法权限争议的法律解决.pdfVIP

Abstract Legislative authority dispute is the controversy arising from legislation between the legislative authorities, it is the legal dispute because of legislative conflict or superposition due to the defects of the legislative authoritative division or some complicated reasons. In China, the “from a planned economy to market economy” for the comprehensive reform of the economic system, is making the local “economic man” role waking up and taking benefit contest between the central and local, the dispute of central and local legislative authority will be one of the manifests of that “economic fundamentals” deciding the “superstructure”. However, the current authority division between central and local legislation are existing defects, which led to frequent occurrence of the dispute in reality. At present, a series of Chinas current laws and regulations, such as “the Constitutional Law”, “the Legislative Law”, “the Organic Law of the National Peoples Congress”, “the Organic Law of the State Council”, “the Organic Law of Local Peoples Congresses and Local Peoples Governments at All Levels”, “the Regional National Autonomy Law”, “the Basic Law of Hong Kong Special Administrative Region”, “the Basic Law of Macao Special Administrative Region”, “the Procedural Ordinance of Legislating Regulations”, “the Ordinance of Recording Ordinances and Regulations”, rules and regulations as well as local peoples congresses of the record review of the implementation details, have already been carried out the provisions of settlement to Chinas central and local legislative au