Research On The Leading Role And Implementation Path Of The People's Congress In The Review Of The Bill

"Legislation leaded by National People's Congress" is a new and important propositionbased on Chinese specific national conditions,and deliberation has a very significant position in the legislative process.It is the core link of the entire legislative process,which is related to the final quality of the legislation.Deliberation is the entity of the “Legislation leaded by National People's Congress”,whether the National People's Congress can play a leading role in the deliberation process largely determines whether the legislation leaded by National People's Congress can be realized.Therefore,the author intends to analyze the research on the leading position and implementation path of the National People's Congress in the review of the legislation from the following four aspects.The first part of the essay intents to analyze the concept of the NPC-led legislation.In this part,through the analysis of the background of the " Legislation leaded by National People's Congress",the scientific connotation of the " Legislation leaded by National People's Congress" and the legitimacy of legislation leaded by "National People's Congress".It is pointed out that the term "leading" is obviously inconsistent with the characteristics of the exercise of functions and powers by the National People's Congress.It can't be interpreted only from the meaning of the Chinese language.The " Legislation leaded by National People's Congress " is essentially to realize the "Legislation leaded by National People's Congress" with the NPC as the representative organ,which emphasizing the people's dominant position in the legislative process.The leading position in the legislation makes the legislation democratic and fully reflects public opinion.The second part of the essay intents to analyze main body and its organizational structure in the review of the legislation.In this part,the people's congress,the legal committee,other special committees,the standing committee,as well as the representatives,members,members' status,duties and roles played in the review process are analyzed.It is pointed out that in the review of the legislation,the leading subject should be the people's congress.They exercise the dominant power in the form of collective meetings,that is,the deliberation of the people's congresses and the deliberation of the standing committee meeting.This is the foundation of legitimacy and democracy of the legislation.It is not appropriate to equate the important role played by the Legal Committee,Special committees,Standing Committee,and the representatives and members in the deliberation process with legislation leaded byNational People's Congress.They are important staff assistants for the National People's Congress to realize deliberation leading and deliberation democracy.The deliberation results of these subjects can't replace the deliberations result of the National People's Congress.The third part of the essay intends to analyze the status quo and dilemma of legislation leaded by National People's Congress in the review of the bill.To realize the leading role of the National People's Congress in the review of the bill,there are still many problems.The main dilemmas include: misunderstanding of the leading subject in the review process;the plenary session of the General Assembly is vacant and insufficiently considered;the focus of the review is not clear,and the method is not perfect,the deliberation lacks a debate mechanism;The delegation consciousness and leading consciousness of the subject of deliberation are not strong,the professional knowledge is insufficient,the democracy of deliberation is insufficient,and the system of deliberation openness is imperfect.The fourth part of the essay intends to explore the specific implementation path leading role of the deliberation of the People's Congress.There are still many problems in achieving the leading role of the People's Congress in the review of the legislation.Therefore,in order to better guarantee the realization of the "deliberation-led",the author proposes to solve the following six aspects:clearly lead the main body and establish a plenary session system;standardize the review system,clarify the focus of the review;strengthen the expression mechanism,introduce the debate system;improve the mode of deliberation;enhance the deliberation ability of the deliberation subject and standardize the review and open system.