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8月25日,随着立法法修正案草案提交十二届全国人大常委会第十次会议初审,在中国立法史上具有里程碑意义的立法法在施行14年后,迈出了首次修改的实质性步伐。综观修法草案,最具分量的改革方案莫过于地方立法权的扩容。然而,也正因为这一修法动议可能引发利弊参半的后果,为何放权、如何放权等等,成为此次修法的最大焦点。放权的历程改革开放前,我国曾长期实行中央高度集权的立法体制,除了民族自治地方外,立法权由全国人大集中掌握。然
On August 25, following the first revision of the draft law on legislative amendments to the Tenth Meeting of the Standing Committee of the 12th National People’s Congress, the landmark legislative act in the legislative history of China took substantive changes for the first time after its implementation for 14 years pace. Looking at the revised draft law, the most important reform plan is that the expansion of local legislative power. However, it is precisely because of the possible merits and demerits of the proposed amendment to the law, why it should be delegated and how it should be delegated. This has become the focus of this revision. Prior to the reform and opening up, China had long implemented the central government’s highly centralized legislative system. Apart from ethnic autonomous areas, the legislative power was centralized and mastered by the NPC. Of course