Prof. Yang Dengfeng of our college published a high-quality academic paper  The Internal Composition of China's Legislative Power and the Improvement of its Configuration Principle  in the 6th issue of 2023 of China Legal Science, an authoritative periodical of Chinese legal academia. It is reported that China Legal Science, which is supervised and sponsored by China Law Society, is one of the most authoritative law journals in China and is also ranked among the top journals in humanities and social sciences recognized by Southeast University.

The article argues that: the authority to China’s local legislation first is difficult to define. To solve this problem, it is necessary to clarify the three components of the legislative power in China, including the power of adopting form, jurisdiction over affairs and rule-setting power, and their relationship. At present, the configuration of legislative power is purely based on the form and rank of the law, ignoring the basic law of the nature of the matter determines the method of dealing with the matter, resulting in a mismatch between the local legislative capacity and the task. Based on the intrinsic relationship between the three components of legislative power, not only should the jurisdiction over affairs be allocated according to the rank of the law, but the rule-setting power should also be allocated according to the nature of the affairs, so as to move from the rank-of-power ration system to the nature-of-affairs ration system, and to make the rule-setting power of local legislation and the jurisdiction over affairs compatible. The nature-of-affairs ration system should still be subject to the system of affairs competence, legal rank, legal reservation and filing review. Under their control, the risk of local legislation improperly exercising its rule-making power is small and controllable. Even so, in order to be prudent, the conversion to the nature-of-affairs ration system must still be divided into two steps: authorization and legislative amendment. Based on this, the local legislation should exercise both the jurisdiction over affairs and the rule-making power of the superior law, and the latter should be determined in accordance with the former.

[Link to original article]

https://mp.weixin.qq.com/s/qp8XUcUBg-fI3SREyGj1OA