A Research Of The National People's Congress And Its Standing Committee "Decision On Legal Issues"

The “Decision on Legal Issues” is a document that is made by the National People's Congress and its Standing Committee in the form of “decision” and is closely related to legal issues.The "decisions on legal issues" are of various types,including decisions on the establishment and functions of state agencies,decisions on the establishment of provincial administrative districts,decisions on the establishment of special administrative regions and the Basic Law,decisions on the organization of people's congresses,elections and representation,and Decisions on legal matters,decisions on popular law,decisions on commemorative days,special decisions,authorization decisions,reform decisions,etc.The "decision on legal issues" is a manifestation of the exercise of legislative power by the National People's Congress and its Standing Committee.In practice,the legislature believes that “the decision on legal issues” has the same effect as the law,and it belongs to the broad scope of the law;the judiciary also recognizes the validity of the “decision on legal issues” and treats it as a law to be applied in case trials..Since the "decision on legal issues" has not been announced by the president of the country,it does not have legal requirements in terms of form.Therefore,it is a legislative normative document in nature.The full text is mainly divided into four chapters.In the first chapter,the full-text search on "decisions on legal issues" was conducted,the types of decisions were summarized,and the nature of the decisions was explored through the official documents of the National People's Congress.Finally,the relevant legal issues were identified.The decision "is a legislative normative document.The second chapter studies the changes in “decisions on legal issues” and finds that such decisions were made before 1978,between 1979 and 2012 and after 2013,to establish national systems,form socialist legal systems and services,respectively.The role of "comprehensive deepening reform".In different historical periods,due to differences in political background and economic development stages,the legislative mandates of the National People's Congress and its standing committee are also different.The changes in “decisions on legal issues” reflect the theme of the legislation of the National People's Congress in different periods,and also reflect the Transition from Legal System to Rule of Law.The third chapter focuses on the relationship between "decisions on legal issues" and the rule of law.First of all,it shows the different emphasis of “formal rule of law” and “substantial rule of law” on the law and its operational status.Through formal analysis of the rule of law and the rule of law,we have affirmed the role that such decisions play in ensuring compliance,promoting coordination of the legal system,and the supremacy of the law.At the same time,through the examination of the “Decision on Legal Issues” procedure,we found that this type of decision is insubstantial in terms of the rule of law,which is highlighted by the tendency of legal instrumentalism.The fourth chapter puts forward the idea of perfecting the “decision on legal issues” and suggests that such decisions be incorporated into the scope of adjustment of the legislative law.First of all,the law should clarify the legal and regulatory nature of the “decision on legal issues”.The range of adjustments should not include legal reservations,and the constitution cannot be modified.Second,the procedures for the "decision on legal issues" should be perfected,and the trigger mechanism and the solicitation procedure should be established.In addition,in the process of reviewing the draft “Decision on Legal Issues,” it should be subject to constitutional control to ensure that the content of the decision is in line with the principles of people's sovereignty,basic human rights,and the balance of power.Finally,the “decision on legal issues” should be incorporated into the constitutional review process to achieve effective post-event supervision of such decisions.