Discussion On Legislative Inaction Of Fundamental Rights

Legislative inaction of fundamental rights means that National People's Congress and Standing Committee have not yet fulfilled the needs of enacting laws to protect fundamental rights. There are three questions it brought about in china.In the first place, what kinds of fundamental rights are without enforcement by laws and what are the reasons of legislative inaction. After the study of the legislation in china, it can easy come to the conclusion that the National People's Congress and Standing Committee don't fulfill the responsibility of enacting laws. The useless constitutional review system and the policy of legislation are two main reasons of the legislative inaction.Second, are legislators entitled constitutionally to the responsibility of enacting law? Is legislative inaction of fundamental rights unconstitutional? The theories and judicial practice in Germany and U.S. are analyzed, and the interpretation of provisions of constitution and the policy of communist party help us to reach the conclusions.Finally, how to deal with the problems of legislative inaction? One of the solutions is to add some provisions of legislative obligation in constitution. The reforming the constitutional review system is also crucial, the supreme people's court shall have the power of constitution'application.