Does the citizen have the legislative power, and does the government have the legislative power

Citizens do not have legislative power. The legislative power is the highest organ of state power. In China, the highest organs of state power are the National People's Congress and its Standing Committee.

No. According to the law, legislative power is vested in the National People's Congress and its Standing Committee.

Legal analysis: No, the county-level people's congress and ** have no legislative power. The newly revised "Legislation Law" only gives the people's congresses of prefecture-level cities (mostly districted cities) legislative matters in urban and rural construction and management, environmental protection, historical and cultural protection, etc., so the county-level people's congresses still have no legislative power.

Legal basis: "Legislation Law of the People's Republic of China" Article 82 The people of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures** may formulate rules in accordance with laws, administrative regulations, and local regulations of their provinces, autonomous regions, and municipalities directly under the Central Government.

Local ** regulations may provide for the following matters:

1) Matters that need to be formulated for the implementation of laws, administrative regulations, or local regulations;

2) Lack of specific administrative matters belonging to the administrative region.

The people of districted cities and autonomous prefectures shall formulate local rules and regulations in accordance with paragraphs 1 and 2 of this article, which shall be limited to matters such as urban and rural construction and management, environmental protection, and historical and cultural protection. Local ** regulations that have been formulated that involve matters outside the scope of the above matters shall continue to be in force.

Except for the cities where the people of the provinces and autonomous regions are located, the cities where the special economic zones are located, and the larger cities that have been approved, the time when the people of other districted cities and autonomous prefectures begin to formulate rules and regulations is synchronized with the time when the standing committee of the people's congress of the province or autonomous region determines that the city or autonomous prefecture begins to formulate local regulations.

When local regulations should be formulated but the conditions are not yet mature, due to the urgent need for administrative management, local regulations can be formulated first. Where it is necessary to continue to implement the administrative measures provided for in the rules after two years of implementation, the people's congress at the corresponding level or its standing committee shall be requested to formulate local regulations.

Without the basis of laws, administrative regulations, or local regulations, local ** rules must not set norms that impair the rights of citizens, legal persons, and other organizations or increase their obligations.

Legal Analysis: There is no legislative power. The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State.

Legal basis: According to Article 7 of the Legislation Law of the People's Republic of China, the National People's Congress and the Standing Committee of the National People's Congress exercise national legislative power.

The National People's Congress enacts and amends criminal, civil, state organs, and other basic laws. The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the National People's Congress is not in session, partial supplements and amendments to laws enacted by the National People's Congress may be made, provided that they do not contradict the basic principles of the law.

Legal Analysis: None. The organs exercising state legislative power in China are the National People's Congress and its Standing Committee.

Legal basis: Article 58 of the Constitution of the People's Republic of China The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State.

Legislation Law of the People's Republic of China Article 7 The National People's Congress and the Standing Committee of the National People's Congress shall exercise the legislative power of the State.

The National People's Congress enacts and amends criminal, civil, state and other basic laws.

The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the National People's Congress is not in session, partial supplements and amendments to laws enacted by the National People's Congress may be made, provided that they do not contradict the basic principles of the law.

Legal analysis: Only the National People's Congress and its Standing Committee have the power to legislate in China, and only the National People's Congress and its Standing Committee are the national legislature. Legislation should proceed from reality, meet the requirements of economic and social development and comprehensively deepening reforms, and scientifically and rationally stipulate the rights and obligations of citizens, legal persons, and other organizations, as well as the powers and responsibilities of state organs.

Legal norms shall be clear, specific, pertinent and enforceable.

Legal basis: Article 58 of the Constitution of the People's Republic of China The National People's Congress and the Standing Committee of the National People's Congress exercise national legislative power.

Article 6 of the Legislation Law: Legislation shall proceed from reality, meet the requirements of economic and social development and comprehensively deepen reforms, and scientifically and reasonably stipulate the rights and obligations of citizens, legal persons and other organizations, and the powers and responsibilities of state organs. Legal norms shall be clear, specific, pertinent and enforceable.

Article 7 of the Legislation Law: The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State. The National People's Congress enacts and amends criminal, civil, state institutional and other basic laws. The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the National People's Congress is not in session, the laws enacted by the National People's Congress are partially supplemented and amended, but they must not contradict the basic principles of the law.

Legal Analysis: The legislative power of the state belongs to the people and is generally exercised by the National People's Congress and the Standing Committee of the National People's Congress.

Legal basis: Constitution of the People's Republic of China

Article 2 All power in the People's Republic of China belongs to the people.

The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.

In accordance with the provisions of the law, the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.

Article 58: The National People's Congress and the National People's Congress or its Standing Committee exercise the State's legal power to legislate.

Legal analysis: The National People's Congress has the highest legislative power, can formulate and change laws, not only including the constitutional power, but also the legislative supervision power, the legislative power to make laws and regulations and other legislative powers, the National People's Congress is China's legislative body with the highest legislative power, has the statutory legislative power, the People's Republic of China Constitution clarifies the legislative power of the National People's Congress.

Legal basis: Legislation Law of the People's Republic of China Article 7 The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State.