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建国六十多年来,我国立法体制逐渐由中央统一立法向有限度的地方立法分权转变,成效显著,但也存在着重复立法、越权立法等问题。当前,本文认为有必要在管窥中央与地方立法权限划分的功能基础上,从权限划分的文本规范、划分方法和划分标准三个方面理性探析我国立法权限划分存在的漏洞,提出因应对策或理论设想进一步推动我国的法治建设。
Over the past 60 years since the founding of the People’s Republic of China, the legislative system in our country has gradually shifted from centralized legislation of the Central Government to limited local legislative decentralization with remarkable results. However, there are also issues such as repeated legislation and ultra vires legislation. At present, this article thinks it is necessary to rationally analyze the loopholes in the division of legislative authority in our country from the three aspects of the textual specification, division method and division standard of authority division on the basis of peeping into the function of division of legislative authority between the central government and the local government. We will further promote the legal construction in our country.