Analysis On The Exertion Of The Power To Amend Basic Laws By The Standing Committee Of National People's Congress

The power to amend basic laws is not only an important legislative power delegated to the Standing Committee of National People's Congress by the constiution and law of legislation, but also an important part of the legisltive power of the state. It has become one legislative power that the Standing Committee exerts frequently. During the past twenty years, by using the power to amend basic laws, legislation in china has played an important role in perfecting legal system and coordinating law and the society, which should not be denied. However, we can see from its exertion that many operations are not standarzied. It is necessary for us to evaluate objectively such an institutional innovation in the constitution and examine its practical function. Since the power to amend basic laws is concerned with the relationship between National People's Congress and its Standing Committee, it can be the right standpoint to study the organizational structure and relations among powers in the supreme organ of state power.By case study on the power to amend the basic laws, this dissertation makes probe into characteristics of and issues in the practice of such a legislative power, and quests for systematic solutions on the basis of theoretical analysis. In analysis, it is discovered that standardization and non-standardization are the basic characteristics existing in the exertion of the power to amend basic laws. But we should be alert to the large amount of non-standardization occurred in the exertion. Non-standardization of power to amend basic laws not only leads to the absence of democracy, but also results in instability of many basic legal systems. It is held by the author that two folds of reasons lie behind the non-standardization. The superficial reason is the technical difficulty resulted from imperfect definition of the power and current legal interpretation system; the conflict between democracy and efficiency of the system of People's Congress, together with the consequent absence of supervision system, is the "way of reliance" underlining non-standardization, which constitutes the deeper reason. Hence the author suggests that there are two solutions for this problem. From the viewpoint of standardization, the Standing Committee should accord with the constitutional definition of the power to amend basic laws, which is the formal way and hard to work; the essential solution is to make innovation on the size and members of the People's Congress to improve its working efficiency, which is a way deep into the inner structure of the People's Congress to realize its substantial function.This dissertation consists of three parts. The first part is the foreword, introducing the original intention, purpose, method of writing and disadvantages; the second part is the main text, which is the main body and has five chapters; the third part is the conclusion summarizing main viewpoints. The first chapter of the main text mostly deals with the definition and history of the power to amend basic laws; the second chapter is the case study on the operation situation of the power; the third chapter analyzes problems and defects in the exertion of the power; the fourth chapter quests for the reasons contributive to the non-standardization of the power; and the fifth chapter puts forward relevant solutions.