Jiang, Guang-Wen·Che, Wan-Lin, A Study on the Local Regulation in China- Focusing on It’s Nature and Limitations - (2025)
Jiang, Guang-Wen·Che, Wan-Lin, 法规的探讨- 以地方性法规的本质与局限为中心 - (2025)
<Abstract>
This paper aims to comprehensively review the Local Regulation(地方性法 规) in China, focusing on it’s nature and limitations. In China, local regulations are considered as national laws, and local legislative authority is regarded as part of the national legislative power. Although local legislative bodies derive their authority from the state rather than possessing inherent powers, they are granted a certain degree of independence and autonomy. Notably, local regulations can provide preliminary provisions on matters not yet addressed by national laws or administrative regulations - excluding matters exclusively reserved for national laws. Furthermore, they can establish measures such as administrative licensing, administrative penalty, and administrative coercive without delegation from higher-level laws. China seeks to ensure the uniformity of its legal system and address issues of local regulations violating higher-level laws through the so-called Recordation Review System(备案审查制度), a form of ex-post normative control over regulations. Analyzing cases of Recordation Review for local regulations reveals that the Standing Committee of the National People’s Congress interprets and evaluates not only the content of the regulations but also the principles, purposes, and reasonableness of their provisions in a comprehensive manner. In China, there is an emphasis on “keep the local fully motivated(发挥地方的积极性)” encouraging proactive and experimental local legislation. This approach uses the experiences gained from such local legislative practices as a foundation for developing unified national legislation.
This pragmatic approach in China, which views local governance as a testing ground for lawmaking and aims to create regulations tailored to regional particularity and concrete circumstances, offers valuable insights for reforming Korea’s local legislative system.
<Keywords>
地方性法规，条例，立法法，法律的概念
Local Regulation, Ordinance, Legislation Law, The Concept of law
Jiang, Guang-Wen·Che, Wan-Lin, A Study on the Local Regulation in China- Focusing on It’s Nature and Limitations - (2025)
Jiang, Guang-Wen·Che, Wan-Lin, 法规的探讨- 以地方性法规的本质与局限为中心 - (2025)
<Abstract>
This paper aims to comprehensively review the Local Regulation(地方性法 规) in China, focusing on it’s nature and limitations. In China, local regulations are considered as national laws, and local legislative authority is regarded as part of the national legislative power. Although local legislative bodies derive their authority from the state rather than possessing inherent powers, they are granted a certain degree of independence and autonomy. Notably, local regulations can provide preliminary provisions on matters not yet addressed by national laws or administrative regulations - excluding matters exclusively reserved for national laws. Furthermore, they can establish measures such as administrative licensing, administrative penalty, and administrative coercive without delegation from higher-level laws. China seeks to ensure the uniformity of its legal system and address issues of local regulations violating higher-level laws through the so-called Recordation Review System(备案审查制度), a form of ex-post normative control over regulations. Analyzing cases of Recordation Review for local regulations reveals that the Standing Committee of the National People’s Congress interprets and evaluates not only the content of the regulations but also the principles, purposes, and reasonableness of their provisions in a comprehensive manner. In China, there is an emphasis on “keep the local fully motivated(发挥地方的积极性)” encouraging proactive and experimental local legislation. This approach uses the experiences gained from such local legislative practices as a foundation for developing unified national legislation.
This pragmatic approach in China, which views local governance as a testing ground for lawmaking and aims to create regulations tailored to regional particularity and concrete circumstances, offers valuable insights for reforming Korea’s local legislative system.
<Keywords>
地方性法规，条例，立法法，法律的概念
Local Regulation, Ordinance, Legislation Law, The Concept of law