设区的市立法及规范性文件领域分布研究

设区的市;立法领域;地方立法;地方性事务
The newly revised Legislation Law set the legislative power of cities with districts in areas such as urban/rural construction and management, environmental protection as well as historical culture protection, among them the concept of “urban and rural management” has a large fuzzy space. The legislative scope of cities with districts under the new law should be discussed based on a summary of practical experiences of those preexisting cities with districts. Through an analysis of local laws and local government regulations of Hangzhou, Changsha and Lanzhou which were enacted during 2000-2015, as well as an analysis of administrative rules which were made during the same period by the governments of Wenzhou, Foshan and Changsha, we can reach two conclusions:1) several common areas appear frequently in different regions and different types of legislation or rules; 2) differences still exist between cities and between types of rules, which demonstrates various focuses of different cities in different stages of developmentand legislative bodies. In the future, legislative areas of cities with districts should fall in the boundary of a reasonable interpretation of the Legislation Law, and follow the principle of local affairs like “regional differences”and “territorial restriction”, in order to cover legislative areas appearing with high frequency, coordinatethe differences among cities andtake care of the objectives of different kinds of legislative bodies.