The Study On Object Of Legislative Supervision

Every country has set up the relevant legislative supervision system because of the importance of legislative activities, certainly including China. But due to the power standard in our country is still serious thought and the supervision of legislative needs to be strengthened, the legislative supervision system in practice and theory is not perfect, performance on legislative supervision object as well.This paper have four parts, the first part focuses on the basic theory of object of legislative supervision so that we can clearly determine the meaning of the object and distinguish legislative supervision object, hence the importance of legislative supervision object must be emphasized. On this basis, the second part analysis the current law of our country, summarizes the kinds of existing legislation supervision objects in our country and the characteristics of it. At the same time, this part also points out that the legislative supervision object is not clear.For further detailed discussion on problems existing in the legislative supervision object provides the basis.The third part discusses the weakness of our country’s legislative supervision system, pointing out the object of legislative supervision system also have two major problems.For one thing, quite a number of normative legal documents are ignored. These objects are the constitutional interpretation, legal interpretation, military regulations and judicial interpretations.We can say that these objects have great possibility in being free from the legislative supervision system. This possibility is a mockery of the rule of law and also unfavorable to the unity of the rule of law in our country.For another thing, the objects of legislative supervision often be confused caused by the lack of study on the name of law.This mistake can be performed on the judgment of a object of legislative supervision by its name merely. Besides, the relationship of law between superior and subordinate is also be mistreated.These problems should been solved by name. Giving law a clear name is one of methods of legislation technology, but in our country we are laying stress on entity and despising other aspects, so the legislation technology has not been well developed in our country.In order to accurately solve the uncertainty of legislative supervision objects, the fourth part suggests the law should take different measures according to different object. Constitutional interpretation in fact has different makers, and this condition causes the lack of legislative supervision. In view of the status of the china’s national people’s congress (NPC) and the existence of interpretation of the constitution drafted by NPC, constitutional interpretation should exist the different makers.The system of legislative supervision should take different steps on different makers.In real life, judicial interpretation often be used as a basic material in judging and reasoning the cases and this fact let us tend to support of identity of the law’s source. If judicial interpretation be the object, the problem of its supervision can be more formal. As for legal interpretation and military regulations, the system should been included, so it is the high time adding them on.The fourth part also advises that naming the object of legislative supervision actually is a problem of naming law, so in order to solve it forever, following the rule of latter will produce a better result. According to relevant study we will divide the name of law into two parts, one part named style name and the other part called naming name.Style name includes13classes, The constitution, the basic law, law, regulations and rules, authorized rules, regulations, changing case, the detailed rules for the implementation.Naming name contains three elements, one element expresses the scope of application of a law,one element represents adjusted object,the last one reflects the law’s effectiveness level.Anyway, to resolve the problem of Legislative supervision object, the system must consider it both from perspective of the entity and the technology.