Legislative Ideas And Their Effects Since China’s Reform And Opening-up

System reform has always experienced guidance of the new concept, and systemchanges can be understood by studying the concept. Within dozens of years, Chinahas finished the legal system project that requires several hundred years to complete.Behind such a unique practice of system construction, there are legislation ideas fromlawmakers themselves to provide guidance during its progress. In current researcheson Chinese legislation, one part is about researches on the experience of historicaldocuments and seeking principal leaders’ legislation ideas; one part is aboutresearches on the construction of the Chinese legal system, with an emphasis on thedivision of the Central Committee and local legislative power, system of integrationof the Party, government and legislature, law transplantation, legislative democracy,and legislative procedure; and another part discusses legislative changes from theperspective of the department law. The thesis attempts to discard specific analysis andcomprehend the practice of our legal system construction by studying the lawmakers’legislative ideas.Regarding the thesis’s structure arrangement, it is divided into two parts. Thefirst half part concludes legislative ideas and practices under the ideas’ impact sinceChina’s reform and opening-up, and the second half part illustrates shortcomings ofthe legislative ideas and negative issues brought about as well as solutions. Besides,the first half part discusses legislative values and legislative technology viewsrespectively according to two aspects of the legislative ideas.Through analyzing the Bulletin of the Standing Committee of the NationalPeople’s Congress over the years, we can find that our lawmakers have adhered to the pursuit for democracy, efficiency, order, and human right in the legislative value, andthey have integrated the thinking mode of constructivism and empiricism. However,issues exist both in the legislative values and legislative technology views. Firstly,imperfection of the mechanism of the National People’s Congress may lead toseparation of the formation of the legislative values from the interests of the mostbroad masses. Neither dependence on the will of the political party nor the way of“democracy after election” to collect public opinions can guarantee lawmakers’values to represent people’s interests all the time. Secondly, regarding legislativetechnology views, two kinds of thinking with different inclinations have no clearprinciple for guidance in their integration. In addition, legislative justification isblurred in its handling and legislative power is decentralized to the judicial andadministrative organs, as a result, disorder of legislative, administrative, and judicialdivision of labor is caused. The limitations of these legislative ideas have finallygenerated three issues: niche legislative interests, disorder of legislative powerperformance, and high-cost rule of law. To solve these issues, it depends on thereform of the system of the National People’s Congress-the fundamental form ofgovernment, and theorization and scientification of the legislative technology views.