Study On The Problem Of Authorized The Suspension Of Law

"Authorized the suspension of law" system, which is added by revised Legislative Law in 2015, it refers to the National People’s Congress and its Standing Committee can authorize to temporarily adjust and suspend the law in order to meet the need of reform and development. Authorized the suspension of law involves the NPC and its Standing Committee’s legislative power and authorized legislation. At present, there are few studies on authorized the suspension of law, only the related papers references. Because scholars hold the different understandings of the concept of "the suspension of law", there are different views on the nature and validity of authorized the suspension of law. "Suspension of law " has the time limitation and regional characteristics, which is different from law amendment, law supplement, is a new form of legislation. Therefore, taken literally, authorized the suspension of law is a kind of authorized legislation act and a new form of authorization legislation, apart from the traditional authorization legislation. "Authorized the suspension of law" as a kind of new system is immature in legislation, authorized subjects incompetent, authorized provisions unclear, authorized purpose utilitarian and so on. In practice, it exists problems such as authorized subjects’ authority unclear, authorized matters breakthrough the principle of legal reservation, cyclic authorization. Then, the validity of authorized the suspension of law needs to be questioned. Legality, the form of “suspension of law” lacks legal basis, legislation adjustment beyond the exclusive legislative legal matters. Rationality, authorized the suspension of law violates the principle of legal universality and destroys the principle of legal system unity. What’s more, in the name of reform to break the rule of law is no longer rationality. Because Legislative Law already clearly stipulates the system of authorized the suspension of law and it will continue to be promoted. Although it exists the problems and the validity questioned, it should be improved, making the power exercise standardized so as to reduce the damage to the rule of law. Authorized subject should follow the principle of authorization. In substance norms, authorized purpose clear, authorized subjects’ authority clear; authorized object clear; authorized matters and time limitation clear. In procedure regulation, it’s necessary to establish authorized procedures and supervised procedures.