“有法可依”是法治国家建设的题中之义,赋予设区的市立法权在提升地方自治积极性以及地方法治水平建设上具有的意义是毋庸置疑的,推动地方根据本地区实际发展情况因地制宜地提出符合地方特色的推动经济发展、法治建设的思路。此项修改在学术界引起了合宪性问题的争议,宪法并没有赋予设区的市以立法权,《立法法》“自作主张”的赋予设区的市立法权是否存在违宪嫌疑呢?当前,我国各地区法治发展程度参差不齐,扩大地方立法主体可能会带来一系列难以解决的风险,如立法质量难以有效保证,立法部门利益化现象以及地方保护主义的发生等,赋予设区的市部分立法权是否不合时宜?从赋予设区的市部分立法权的合宪性及合理性方面思考,针对赋予设区的市部分立法权可能出现的问题提出建议。 “Law according to ” is the meaning of the construction of the country under the rule of law, given the city’s legislative power to enhance the enthusiasm of local autonomy and the construction of the local level of law has no doubt that the significance of promoting the local area according to the actual Development Situations Put forward the idea of ​​promoting economic development and the rule of law in line with local characteristics in line with local conditions. This amendment has caused controversy on constitutionality in academia. The Constitution did not give the municipal districts with legislative power. Is there any suspicion of unconstitutionality in the municipal legislative power given by the “Legislation Law” At present, the degree of development of the rule of law in various regions of our country is uneven. Expanding the main body of local legislation may bring about a series of risks that are difficult to be solved, such as the difficulty of ensuring the quality of legislation, the profitability of the legislature, and the occurrence of local protectionism. Whether the legislative power of the city part of the district is out of date? Considerations on the constitutionality and rationality of the legislative power of the part of the city assigned to the district make suggestions on the possible problems that may be posed to the legislative power of the part of the municipal district.