The Research On The Enforcement Of The Legislative Plan Of Standing Committee Of National People’s Congress

The legislative system is a series of regime concerned with the setting oflegislative institutions, the division of authorities and legislative activities.Besides the legislative procedures which should be applied in the process oflegislation such as proposal, deliberation and negotiation, it also includes thestatutory or non-statutory principles and steps which would be applied by thelegislative authorities before or after the legislative procedures such as thelegislative project and plan, the inspection and supervision of theenforcement of the law. China has a high concentrated and multi-levellegislative system under the leadership of the PCC. In order to build a sociallaw system, the step by step legislation becomes an important non-proceduralprinciple. It is under this background that the legislative plans were made andtended to have a procedural meaning. For most proposals, the legislative plan is the starting point of enteringthe legislative process. However, if the deliberation is totally depending onthe legislative plans, there may have negative effects for the pass of someurgent proposals. The main object of this article is the published legislativeplans of the NPC during9th,10thand11thNPC tenure and the relatedelements during their enforcement. On the base of the description andanalysis, we would find some issues and the resolutions.During the research of the enforcement of the legislative plans, we couldfine that the guidance of the plans become weaker and the tension of theplans become more obvious. During this process there generates some issuessuch as the increase of the legislative gap, the decline of the deliberationquality and efficiency and the avoiding of the procedure of the termination ofthe proposals. These issues may not only have effect on the performance ofthe legislative authority but also impact the working system of the NPC andits standing committee. The author considered that under the stability of thelegislative activity, it would be difficult for the unplanned proposals to bedeliberated. The reason of these issues would be the working system of theNPC, the restriction of the legislative project and the unequal status of theproposal authorities. Thus the resolution should be conducted from bothinside and outside the NPC. Firstly, the legal procedure should be made to regulate the entry and exit of the proposals and gradually change thelegislative plan to the legislative point. Thus the agenda of the conferences ofNPC standing committee would become more flexible which would makesure that the urgent and mature proposals would be deliberated first.Secondly, the right of making the motions should be open gradually, andfrom this way the residents would have more opportunities to propose.This article includes three parts. The first part is the introduction whichstates the purpose of writing, the object and methods of the research and thereview of related articles. The second part is the main part which includesfive chapters. Chapter1is the overview of the legislative plan and chapter2to chapter4states the enforcement of the plan, the issues and reasons.Chapter5gives the resolutions. And the last part is the conclusion.