A Study On The Working Mechanism Of The Leading Law Of People 's Congress

Modern legislation is usually not drafted by an isolated subject, but by the guidance of the certain authorities, organizations or personals with the cooperation of others, or is accomplished in the course of the interaction of many authorities, organizations or personals. Although legislation is made by many legislative subjects, there is no doubt that some of them are more influential and decisive, such as the National People’s Congress (NPC) and its standing committee, which wields the legislative power. In the legislative practices, the primary reason is that the NPC and its standing committee did not play an effective role in legislative works. This is caused by various factors, but the main one is the incomplete and imperfect legislation. This paper will follow the study of the legislation working system of the NPC and its standing committee, and analysis the reason of inefficiency role that the NPC and its standing committee played in depth. Furthermore, this paper gives personal suggestions and opinions in the perfection of legislation working system, offering a practical reference for the enhancement and improvement of legislative authorities.In the first part, this paper clarifies the importance, aims, basic principles and various relationships needed proper handling of the perfection of the legislative working system dominated by the NPC and its standing committee. To establish and perfect the legislative working system dominated by the NPC and its standing committee, as well as to fully exert its dominant roles in legislative works are important strategies to govern a country by the rules of Law. What’s more, they are necessary actions to adhere to and perfect the system of people’s congress, objective needs to exert dominant roles of legislation, and effective methods to make instruction and improve legislative works. To perfect the legislative working system dominated by the NPC and its standing committee is an indispensable part in the advancement of scientific and democratic legislative mechanism. Its fundamental aim is to make practical laws instantly, improve the quality of laws and legislation, constantly advance scientific and democratic legislation, and continuously perfect the socialist legal system with Chinese characteristics. To perfect the legislative working system dominated by the NPC and its standing committee, we should improve and strengthen the guidance works of our Communist Party, meet the requirements of the system of people’s congress, follow the principles of legislation, and take actions based on the reality. To perfect the legislative working system dominated by the NPC and its standing committee, we should properly deal with several kinds of relationships:the relationship between the dominant role of the NPC and its standing committee and the leadership of the Party Committee; the dominant role of the NPC and its standing committee and the role of government; the dominant role of the NPC and its standing committee and the subjective role of the representatives of NPC and the member of standing committee; the dominant role of the NPC and its standing committee and citizens involved in drafting legislation.The second part analysis the status quo of legislation drafted by NPC as well as the negative factors affected the dominant role of the NPC. In the preparation of local legislation, the factors which affect the dominant role of the NPC include:the government is given the priority to make suggestions in legislation; the government tend to solidify departments’right and interest; the NPC cannot take the initiative of legislation due to indirect participation in argument materials preparation. The NPC cannot dominant draft working due to weaker information collecting ability; the NPC is lack of effective schedule of " early intervention" in preparation; the public participation is lack of normalization and practicality in the preparation. During the exchange between regulation motions and the law phases, there are some negative factors which can do harm to the leading status of the National People’s Congress. They are mainly includes:proposal mechanism will cause a severe unbalance between the regulation motion’s quantity and quality; National People’s Congress Meeting System will influence the full play of the National People’s Congress legislation leading role; those staffs of the Standing Committee of the National People’s Congress are not benefit to the legislation of National People’s Congress; regulation motions deliberation mechanism against it and if the power of the legislation talent team is weak, it will also have a bad influence on the dominate role of National People’s Congress. During the period of improving the local legislation, the negative factors which can influence the dominate statue of National People’s Congress, mainly includes that the modification of those local laws and regulations are all propose by government sector; the local legislation’s interpretation power can’t realized; at the same time, the check of the local legislation are as well as lack of reasonable institutional arrangement.The third part attempts to put forward a proposal, and that is improving the NPC related working mechanism in leading legislation. In this paper, the suggestions will be followed:government should strengthen and improve party’s leadership of the legislature institution, perfect the leadership of the party committee legislation mechanism constantly. We should not only establish and improve the related scientific mechanism of legislative program, but also explicit the organizer of the legislative layout planning is the constitutor of the laws legislative demonstration. At the same time, the government needs to refine the demonstration program standard, and make the use of project demonstration result more specific, clear the priority of legislative program become a part of the legislative planning, ensure the effective connection between legislation program and legislation planning. Establishing and improving the legislative system and mechanism of the NPC, clearly put forward the crucial laws draft with integrity and basic comprehensive thinking, and it could be made by the standing committee of the relevant special committees or allow the relevant departments to participate in drafting. On one hand, the government should build a mechanism of putting forward diversified laws and regulations, encourage the NPC deputies and the standing committee members jointly signed regulation proposals according to law, on the other hand, it should give the right of making motions to those social organization, such as Province Supreme People’s Court, Province People’s Procuratorate, the Labor Union, as well as the Communist Youth League, the Women’s Federation and the Association of Industry and Commerce. The government should improve the laws deliberation mechanism which is dominant by the NPC; establish the legislation assistant system, set up the legislation consult expert database mechanism in different specialized committee and working committee. We also should give full play to the meeting of directors who can dominant the legislation process, increase the meeting time during laws deliberation, make the rules of debate during deliberation laws into groups much more sound, and enlarge the strength of asking for representative’s opinions. What’s more, we should make the law improvement mechanism better which is dominant by the NPC, then sort out the laws and regulations and explain legislative, improve the mechanism of citizen participation in legislation, explore and formulate the specific laws so that citizen can participate in legislation, build the mechanism about organizing formal forum and discussion meeting, set up the hearing system mechanism and broaden the way for citizens to join in the legislation, and finally build a legislation team construction mechanism which is suitable with the NPC dominant legislation.Legislative activity is a process. Although some relative steps in the legislative activities are very important, but in my opinion, I always believe that the NPC must dominate the whole process of legislative activities. Only when the NPC dominant each step, it can dominant the whole process, and then if we want to improve the working mechanism of the NPC dominated legislation, we need to make a complete design to the whole legislative process.