The Research On The Control Of Phenomenon Of The "Legislative Slack"

The term "legislative slack" originated from the illegal legislation of the Qilian Mountain National Ecological Protection Zone in Gansu Province.This political term is often reminiscent of the "legislative inaction" phenomenon of legislators under the theory of German constitutional entrustment.Although the theory has certain reference significance,the legislative inaction under the entrusted theory(also known as the legislative slack)does not fully explain the problems of "intentional release of water,reduction of standards,and lax control" in the "legislation release" incident.Under the background of advancing constitutional review,China's existing legislative supervision system only has a way of transcending authority,the lower-level law violates the positive law and other positive actions of the legislature,and the legislature fails to give full play to the legislative function(There is no standard text of the relevant review method for the inaction of the law-making obligation.According to the Constitution of the People's Republic of China and the Legislative Law of the People's Republic of China,the legislative powers of the legislature should include the power to make laws and the power to supervise lower-level legislation.Drawing on the transformability of power and obligation(or responsibilities)in Professor Howfield's "rights theory," these two powers should be accompanied by obligations(or duties),including the obligation to make laws,that is,law-making obligations and supervision.The obligation to enforce the law is also called the legislative oversight obligation.Therefore,combined with the actual situation of China's legislative supervision and the problems reflected,the theoretical connotation of "legislative inaction" can be appropriately expanded.First of all,the legislature(the people's congresses and their standing committees with legislative power)should be explained in terms of"commission theory" and "rights theory".[The legislature discussed in this paper is limited to the legislature with legislative power at all levels in China,including the whole country.The National People's Congress and its Standing Committee,the provincial or autonomous regions,the municipal people's congresses and their standing committees,and the people's congresses and their standing committees in the districts,and the administrative organs with administrative and legislative powers such as the State Council are not discussed.As a legislative power(power)exercise organs have a general obligation to create law and vertical supervision to review the next level of legislation(the legislative body does not include the district and below);secondly,the source of the normative text as a duty includes the constitution And the law(here the law refers to the "Legislative Law of the People's Republic of China"),its inaction as a manifestation of the inaction of the obligation to create a law and the inaction of the legislative supervision obligation;repeated based on this division of obligations,can discuss violations Two forms of responsibility and accountability after the obligation.