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Affiliation(s)

Beijing University of Chemical Technology, Beijing, China

ABSTRACT

The comprehensive rule of law era necessitates law as a governance instrument, with prioritized legislation and legislative process democratization. Chinese local legislation faces discrepancies, notably the ambiguous demarcation between the standing committee and local people’s congresses, with the former often formalizing and the latter marginalizing lawmaking. Enhancing the local legislative system requires a rational division of legislative authority between these bodies. This paper traces the historical development of their legislative powers, analyzes theoretical perspectives on power division, assesses provincial and municipal legislation’s empirical challenges, and proposes a path for rational competence division to bolster local legislation.

KEYWORDS

local people’s congress, local people’s congress standing committee, local legislative competence, division of legislative competence

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