The Type Researchment Of China Supplementary Legislation

The supplementary legislation is not only an important part of the legal system in the socialism with Chinese characteristics, but also the important basis of the administration and justice according to law.By the third meeting of 11th National People's Congress hold on 5th March 2010, we have 641 supplementary terms distributed in the current law of 182, which are on the right to ask to enact the comprehensive, technical, connected and relatively supplementary documents. Among that, there are 437 supplementary terms distributed in the current law of 149, which are on the right to ask the central committee to enact and 93 supplementary terms distributed in the current law of 63, which are on the right to ask the related department at the provincial level to enact. Statistics show that the whole rate of legislation is low. Among that, supplementary legislation of the central level is higher than that of provincial local level. Additionally, in the central level, the comprehensive supplementary legislation has the highest formulating rate, the technical supplementary legislation and the relatively supplementary legislation is lower, the connected supplementary legislation is the lowest. In provincial local level, the comprehensive supplementary legislation has higher formulating rate than the technical supplementary legislation.The main reasons of the phenomenon above are the nature and contents of four types have differences. In the social background where market economy becomes gradually perfect, the comprehensive supplementary legislation has details and finishes well. Additionally, the lawmaker of this type is distinct relatively. The technical supplementary legislation has large numbers relatively and difficult to formulate, and the lawmaker of this type isn't distinct comparatively which due to the rate of supplementary legislation of this type is low. The connected supplementary legislation features"temporary"and"urgency"and the lag of necessary of legislation which due to the supplementary rate is not high. The relatively supplementary legislation does not belong to parent law, and the situation of supplementary work is poor because of formulation main body's lack of binding. In order to ascend the rate of every kind of supplementary legislation, this article suggests that to accelerate the transformation of legislation idea, to enhance the ability of supplementary legislation, to improve the technique of supplementary legislation, to make clear the division of the subject of the lawmaker of supplementary legislation, to classify the properties of the connected supplementary legislation. Through that, we can promote the rate of legislation of different types of supplementary legislation, thus to improve the timely formulation of supplementary legislation and finally to develop the effective implementation of the parent law, and to promote the continuous improvement of Chinese socialist legal system.