By introducing the civil law systems of rights capacity and the capacity for act into the legislative field in which public power are exercised, China will be able to classify legislative powers in the current Chinese legislative system into legislative power and capacity for legislative right, and establish a close and logical relationship between the capacity for legislative right and the capacity for legislative act as a relationship between norms and acts. In order to strengthen the legislative right capacity building at the local level, China must take the expansion of the delegation of local legislative power as the starting point to expand the capacity for legislative rights at the local level, and enable legislation to better serve the legislative needs. Meanwhile, it should cultivate the capacity for legislative act that is compatible with the capacity for legislative right. To do so, it is necessary to apply the rule of law thinking and method to enhance the legislative capacity of local people’s congresses, dichotomize the capacity for local legislation, namely to separate issues relating to the capacity for legislative right from those relating legislative act, and raise different rule of law demands on the legislative capacity of people’s congresses at different levels in light of their different legislative bases.