| The reform-oriented local legislative adaption mechanism has played an important pilot role in the past 40 years of reform and rule of law practice in China. With its continuous development, the tension between this mechanism and the principle of unity of national legal system may further intensify and needs to be effectively mitigated. Reform-oriented local legislative adaption is constrained by constitutional principles such as legal unity, equality and unitary system. As optimization requirements, constitutional principles are flexible in application. Therefore, only in the constitutional balance can the adaption mechanism be accurately evaluated. The proportionality principle is an important fulcrum in the reflections on and reconstruction of the adaption mechanism. The reform-oriented local legislative adaption mechanism should serve the reform purpose, and maintain the appropriateness, necessity and proportionality (in the narrow sense) in its means. In the new era of comprehensive law-based governance, the weight of legal unity must be increased in the balance. According to the requirement that "important reforms should be based on law", put forward in Xi Jinping Thought on the Rule of Law, it's necessary to impose necessary restrictions on local legislative adaption and coordinate the functions of various reform authorization mechanisms, so as to promote the positive interaction between reform and the rule of law. |
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