2001•Journal of Xiamen UniversityRequires access

China's New System of General Local Legislation: A Study of Relevant Provisions in the Legislation Law of P.R.C.

Song Fang-qin

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Abstract

China's Legislation Law provides for a uniform system of legislation in the form of basic law, thereby bringing forth a new system of general local le gislation. It provides for the constitution of general local legislation, the li mits of legislative power, the rules of accommodation and settlements of conflic t between local laws and local governmental regulations. It has new provisions a s well as summaries of legal practice, which will play an important role in sett ling legislative conflicts as well as in preventing legislation beyond authoriti es and repeated legislation. There are, however, problems with, for example, the definition and division of legislative power, which need to be further studied and corrected in the future.

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China's Legislation Law provides for a uniform system of legislation in the form of basic law, thereby bringing forth a new system of general local le gislation. It provides for the constitution of general local legislation, the li mits of legislative power, the rules of accommodation and settlements of conflic t between local laws and local governmental regulations. It has new provisions a s well as summaries of legal practice, which will play an important role in sett ling legislative conflicts as well as in preventing legislation beyond authoriti es and repeated legislation. There are, however, problems with, for example, the definition and division of legislative power, which need to be further studied and corrected in the future.

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Available abstract

China's Legislation Law provides for a uniform system of legislation in the form of basic law, thereby bringing forth a new system of general local le gislation. It provides for the constitution of general local legislation, the li mits of legislative power, the rules of accommodation and settlements of conflic t between local laws and local governmental regulations. It has new provisions a s well as summaries of legal practice, which will play an important role in sett ling legislative conflicts as well as in preventing legislation beyond authoriti es and repeated legislation. There are, however, problems with, for example, the definition and division of legislative power, which need to be further studied and corrected in the future.

Key concepts: Legislation, Legislature, Constitution, Law, Political science, China

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