The Analysis Of China’s Current Legislative Power Of Alienation

At present, China has stepped into an era of “great legislation” and muchsignificance has been attached to the appropriate enforcement of the legislative power.However, due to various reasons, the legislative power, one of the most importancepublic powers, has been alienated and deviated from the appropriate course ofenforcement. Even though the legislation is alienated in its process of enforcement,owing to the separation of the power holder and power executive, the actual holdermay not be informed or able to stop its alienation. Therefore, the alienation oflegislative power in China has been paid little public attention. Nonetheless, itsalienation has been in existence in reality in an invisible form and its existence hasposed an obstacle against the social development and the legislative construction, andseverely done harm to the right and interest of the masses. The issue thus needsprompt research and normalization.Based on the explanation and analysis of the legislative power, the paper makescomprehensive analysis of the alienation of the legislative power and clarifies that itsalienation refers to the state that it, with its prosperities alienated, deviates from theguidelines of its power-making and turns itself into a tool for some individuals orsome groups to make personal gains and a force against public interest. Andcomparison and analysis are also carried out toward the legislative alienation andother related concepts. The paper then elaborates the main expressive forms of itsalienation combined with the review of the practical situation in China. Legislationposes as the first dam of social justice to lay the key foundation for the Great Wall oflegislative construction. The alienation of legislative power necessarily bringsimmeasurable harm to the social justice and the dignity of law by impeding thesmooth progress of the legislative construction and the effective enforcement of thelaw in China as well as greatly damaging the legal interest of the people. Its alienationis not only the result of the drive of interest and the vague definition on the divisionof the legislative power but also the aftermath of the lack of supervision mechanismfor legislation and inadequate of public involvement in legislation. The paper hereofbases its argument on the profound analysis of legislative alienation in China and thepractical situation in the nation, and comes up with corresponding measures forprevention and treatment from the aspect of entity to procedure, from prevention beforehand to supervision afterwards. The various measures are highly feasible andwill help the realization of democratic legislation, and the paper thus provides relatedreferences on the foundation of the current studies and will contribute its own effortsto the return of the legislative power back to its right operation course.