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Full Text: The Socialist System of Laws with Chinese Characteristics
Posted: October-28-2011Adjust font size:

  Local regulations are another important component of the socialist system of laws with Chinese characteristics. The people's congresses and their standing committees of the provinces, autonomous regions, municipalities directly under the central government, and the larger cities may, in accordance with the Constitution and laws, formulate local regulations, which is an important channel and form of the people's participation in the administration of state affairs and promotion of local economic and social development by law. The people's congresses and their standing committees of the provinces, autonomous regions and municipalities directly under the central government may, in the light of the specific local conditions and actual needs, formulate local regulations, provided that they do not contradict the Constitution, the laws and the administrative regulations. The people's congresses and their standing committees of the larger cities may, in the light of the specific local conditions and actual needs, formulate local regulations, provided that they do not contradict the Constitution, laws, administrative regulations and local regulations of their respective provinces or autonomous regions. Moreover, they shall submit such regulations to the standing committees of the people's congresses of the provinces or autonomous regions for approval before implementation. The people's congresses of the ethnic autonomous areas have the power to formulate autonomous regulations and separate regulations on the basis of the political, economic and cultural characteristics of the local ethnic group(s). Where certain provisions of the laws and administrative regulations are concerned, adaptation may be made in autonomous regulations and separate regulations, but such adaptation may not contradict the basic principles of the laws and administrative regulations. However, no adaptation may be made to the provisions of the Constitution and the Law on Regional Ethnic Autonomy, or the provisions in other laws and administrative regulations that are specially formulated to govern the ethnic autonomous areas. The autonomous regulations and separate regulations of the autonomous regions shall be submitted to the Standing Committee of the NPC for approval before they go into effect. The autonomous regulations and separate regulations of the autonomous prefectures or counties shall be submitted to the standing committees of the people's congresses of the relevant provinces, autonomous regions or municipalities directly under the central government for approval before they go into effect. The people's congresses and their standing committees of the provinces and cities where special economic zones are located may, upon authorization by the NPC and its Standing Committee and in the light of specific local conditions and actual needs, formulate regulations in accordance with provisions of the Constitution and basic principles of the laws and administrative regulations, and enforce them within the limits of the special economic zones. Local regulations may be formulated to govern matters requiring the formulation of rules to implement the provisions of laws and administrative regulations, and matters pertaining to local affairs. Except for matters governed by laws exclusively formulated by the NPC and its Standing Committee, local regulations can also be made on other matters which are not yet covered by existing laws and administrative regulations. The local regulations also occupy an important position in the socialist system of laws with Chinese characteristics. They elaborate and supplement the laws and administrative regulations, extend and improve national legislation and accumulate useful experience for national legislation.

  Local people's congresses and their standing committees, which actively exercise local legislative functions and powers, have enacted a large number of local regulations in the light of the actual conditions of local economic and social development, playing an important role in guaranteeing the effective implementation of the Constitution, laws and administrative regulations within their respective administrative regions, and promoting the reform and opening up and socialist modernization drive.

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Source: Xinhua 2011-10-27Editor: Shen
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