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National People’s Congress And The Standing Committee Of The Legislation As A Quadruple Resolution

Posted on:2013-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:M LinFull Text:PDF
GTID:2246330395979774Subject:Scientific Socialism and the international communist movement
Abstract/Summary:PDF Full Text Request
In general, individuals usually judge if the act is infringement base on the legal rulesbecause it is the way for the infringed to get indemnity. However, the problem is what theinfringed should do to get indemnity when infringements upon individuals right because thelegislature delays in exercising obligations. As Chinese economy and national power developrapidly, more and more acts need to be standardized by law in all quarters of the society.Therefore, as Chinese top legislature, National People’s Congress (NPC) and its standingcommittee are in charge of more legislative obligation. Although administrative organs areempowered some legislative power through delegated legislation by NPC and its standingcommittee to deal with legislative matters which are not specified by NPC, it still can notrespite the heavy responsibility of legislature. In addition, because of the limitation ability ofNPC, legislation is not able to work effectively and NPC add more legislative burden.Besides, due to the imperfection of Chinese delegated legislation system and the impact ofpolicies and guidelines of ruling party, legislative inaction becomes an inevitablephenomenon. Legislative inaction not only hinders the development of Chineseconstitutionalism but also infringes upon civil fundamental rights。Therefore, in our opinion,according to the background of this phenomenon, researching on legislative inaction hastheoretical and practical significance. Due to the space limitation, this thesis just emphasizeson the concepts, current situation, reasons, influences and methods of legislation inaction.
Keywords/Search Tags:Legislation inaction, legislative obligation, delegated legislation, legislativeinitiative
PDF Full Text Request
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