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The Study On Legislative Decisions Of The Standing Committee Of The National People's Congress

Posted on:2020-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2416330572981810Subject:Law
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Legislative decisions made by the NPC standing committee are mainly made by the NPC standing committee.Legislative decisions are closely related to laws in content and diverse in form.According to its content,legislative decisions can be divided into six categories: on the creation of a specific system,supplementary legislative decisions;Legislative decisions on matters of authorization;Legislative decisions on approval of regulations and amendments;Legislative decisions on the establishment and adjustment of institutions;Legislative decisions concerning the sessions and work of the NPC;Legislative decisions on abolition or liquidation.The legislative decision is the expression of the power of the standing committee of the National People's Congress.On paper,the standing committee of the National People's Congress(NPC)regards legislative decisions as laws in a broad sense.In terms of effectiveness,the judicial organ considers that legislative decisions have the same effectiveness as laws;In procedure,the legislative decision has the form of law.Legislative decision is the inevitable choice to make up for legal loopholes,meet the objective requirements of the development of The Times and improve the legal system.The legislative power and power of decision affect the nature,types and development of legislative decisions.In the process of making and applying legislative decisions,there are some problems,such as inconsistent names,non-standard structure and content of this paper,non-uniform procedures of review and publication,and non-uniform invocation of norms and applicable standards,which lead to conflicts with other normative documents.While solving the problems existing in the text of legislative decisions,the name of legislative decisions should be standardized and the text of legislative decisions should be scientific.In order to solve the problems existing in the procedure of making legislative decisions,it is necessary to stipulate the principle of constitution-first and due process that should be followed in making legislative decisions macroscopically and perfect the procedure of deliberation and publication microscopically.In the judicial application of the legislative decision to improve the issue of the legislative decision to clarify the effectiveness of the legislative decision.Only by solving the above problems can we resolve the conflicts with other normative legal documents and give full play to the important role of legislative decisions in improving the legal system and comprehensively advancing the rule of law.
Keywords/Search Tags:legislative decisions, legislative power, decision-making power
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