论文部分内容阅读
在法治国家或以法治为追求的国家中,立法关系可以视为确立中央和地方关系的逻辑起点。构建我国合理的中央和地方立法关系必须走出“集权和分权”、“放权和收权”两大误区,同时从法律上明确界定中央和地方立法事项,并扩大地方立法权限。建立有效的立法责任制度来约束和惩罚中央和地方立法中出现的违反立法原则或规则的行为是非常必要的。当然,完善中央和地方立法关系还需要其他一些相关制度的建立和完善。封丽霞教授的著作虽然非常详尽地介绍和论述了与中央和地方立法关系有关的各种理论、模式以及其发展趋势等,也指出了当前我国中央和地方立法中存在的一系列问题,但其最大的缺陷在于缺少相应的解决方案。
Among the countries ruled by law or those ruled by the rule of law, the relationship between the legislatures can be regarded as the logical starting point for establishing the relations between the central government and the local governments. To construct a reasonable legislative relationship between the central government and the local government, we must go beyond the two errors of “centralized and decentralized power” and “decentralization and power of attorney”, at the same time, we must clearly define the central and local legislative issues legally and expand the local legislative authority. It is necessary to establish an effective legislative responsibility system to restrain and punish any violation of legislative principles or rules appearing in the central and local legislation. Of course, improving the relationship between the central and local legislations also requires the establishment and improvement of other relevant systems. Although Professor Feng Lixia’s book introduces and discusses various theories and models related to the relationship between the central and local legislations in great detail, it also points out a series of problems existing in the current legislation of our country and the local government. However, The biggest drawback is the lack of corresponding solutions.