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On The Division Of The Legislative Authority Of The Npc And The Npc Standing Committee

Posted on:2011-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ShenFull Text:PDF
GTID:2206360308980390Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The regime with "The people's legislation—Government execution" is the best institutive approach for the implementation of the principle of popular sovereignty. Accordingly, the idea that the legislative power should be exercised by the national legislature constituted by the people themselves or by the elected representatives of the people on behalf of the people's interests is an inherent requirement of the principle of popular sovereignty. In the West, the Constitution of many countries allocated the legislative power with a horizontal or vertical division and configuration in different legislative bodies, except an arrangement regarded the legislative power as a separated and balanced power contrast to the judicial power and the executive power, to make it easier for the legitimate exercise of the legislative power with clear respective rights and duties. In China, although the Constitution and the legislation Act established the basic principle that the highest legislative power should be exercised by the National People's Congress and the Standing Committee of the National People's Congress, they didn't divide amply the power scope between them, this led to the conflict of legislative power in practice, and make some laws involve in the contradiction reflecting in formulation and implement, or even make some laws become a catalyst for social conflicts. A complete and effective legal system is a relief valve of the social stability and a roll booster of social-economic development. Under this case that the socio-political role of the reasonable legislation and scientific legislation became increasingly obviously important, the reasonable allocation of the legislative power between the National People's Congress and the Standing Committee of the National People's Congress, the explicit division of their respective exclusive adjustment range, the establishment of a complete, clear, limited central legislature jurisdiction system based on the explicit boundary of adjustment on common issues, all are the urgent needs to solve real problems for perfecting the current legislative system. Based on the nature, status and structure characteristics of the National People's Congress and the Standing Committee of the National People's Congress, this article analyzed the jurisprudence and history of the legislature jurisdiction, dissected the legal basis and practical reasons for the legislature jurisdiction, reviewed the practical problems caused by the indistinct boundary of legislature jurisdiction, elaborated the necessity of reasonable division of legislature jurisdiction, and put forward the suggestions of perfecting the legislation and the mechanism for establishing the boundary of legislature jurisdiction of the National People's Congress and the Standing Committee of the National People's Congress.
Keywords/Search Tags:National People's Congress, Standing Committee of National People's Congress, Legislative, Purview Division
PDF Full Text Request
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