Research On The Legislative Rules Of Procedure Of The National People's Congress Standing Committee

Legislation is an important national political activity and legal activity.Although legislative activities are not the subject of mainstream law study,legislative activities can be studied from a legal perspective.Since the generation of the representative system,the political scientists and jurists have tried to develop the regularization and institutionalization of the legislative authority and the legislative procedure,because most of them might believe that the legislature can not be allowed to exercise national legislative power without any restrictions in the democracies that implement the principle of the rule of law.In China,the NPC Standing Committee is the main organ of legislation,because it undertakes the most legislative tasks in terms of quantity in practice.The legislative rules of procedure regulars how NPC Standing Committee should exercise legislative power.This article argues that the increasing demand and diversification of the actual legislative requirements force the NPC Standing Committee to improve its own legislative efficiency and scientificity,which can be the accordance to adjust the legislative rules and regulations.This research begins with three basic principles including the Marxist principle of the people's sovereignty,the deliberative theory of procedural justice and the principle of parliamentary autonomy.In China,as basic principles,the legislative rules of procedure of NPC Standing Committee must sustain democratic centralism and leading by Chinese Communist Party.Moreover,according to the norms,the NPC Standing Committee has formed a complete legislative structure of deliberations,and every legislative session can work legally.Actually,the distribution of functions has become different from the authority configuration of internal organizations,which leads to three disadvantages which are the division of responsibilities of the internal organizations shows that the Chairmen's Council and the the Legislative Affairs Commission are too powerful,the Law Committee and other Special Committees are not exercising powers fully,and the members of the Standing Committee do not deliberate rationally enough.It means that there is an internal tension in the legislative mechanism of the Standing Committee of the National People's Congress.According to the experience of the reform of the legislative process at Westminster,reform can be successful followed by three premises including path dependency and central norms and values.As a result,the legislative rules of procedure of the Standing Committee of the Nationl People's Congress should be improved on the premises of the basic principles,the values and path dependency,which includes singles veto points,centralized legal reviewing and discussive delibertate.In order to ensure the legislative activity of the NPC Standing Committee is in accordance with the basic value to get better,this paper recommends that it is necessary to improve the system of uniform review,improve the legislative hearing system,and build the rule of debate.