A Study Of The Decision-making Power Of The Standing Committee Of The National People's Congress

The decision-making power of the Standing Committee of the National People's Congress is a general power,its power attribute is difficult to define,the scope of power operation is unclear,and its power function needs to be further defined.In practice,the Standing Committee of the National People's Congress has made various kinds of decisions based on this power,and the power operation in the process of making these decisions inevitably has the problem of anomie and improper.Therefore,it is necessary to study the basic theoretical issues involved in this kind of power,and on this basis,it is necessary to carry out a strategic analysis on how to carry out the practice of the decision-making power of the Standing Committee of the National People's Congress.This paper mainly includes the following four parts:The first part is the basic overview of the decision-making power of the Standing Committee of the National People's Congress.First of all,the article defines the concept of the decision-making power of the Standing Committee of the National People's Congress.Secondly,the article analyzes the normative changes and practical development of the decision-making power of the Standing Committee of the National People's Congress.Finally,the article combs the procedures of the Standing Committee of the National People's Congress in exercising its decision-making power.The purpose of this part is to provide basic and conceptual cognition for the discussion of the attribute and function of the decision-making power of the Standing Committee of the National People's Congress.The second part is analysis oil the constitutional basis and attribute of the decision power of the Standing Committee of the National People's Congress.First of all,the article discusses the constitutional basis of the decision-making power of the Standing Committee of the National People's Congress.Through the research,it points out that the decision-making power of the Standing Committee of the National People's Congress is based on the constitutional spirit and principles of the people's sovereignty,the leadership of the party and the leading of the people's Congress.It also makes a concrete analysis from the three aspects of the basis of the source power,the basis of the legislative power and the basis of the exercise of power.Secondly,the article analyzes the nature and characteristics of the decision-making power,pointing out that the decision-making power of the Standing Committee of the National People's Congress is democratic,national and compulsory,with limited generality of scope,subrogation of power,specific affairs of the object,exclusiveness of the subject,etc.Finally,based on the research on the constitutional basis and attribute of the decision-making power of the Standing Committee of the National People's Congress,the whole process from the generation of norms to the operation of practice is divided into five stages.There are five kinds of power existence patterns in all stages,which are "sovereignty decision","constitutional decision","legislative decision","process decision" and "result decision".The third part is the research on the function of the decision-making power of the Standing Committee of the National People's Congress.First of all,the article makes a type analysis of the decisions or decision documents made by the Standing Committee of the National People's Congress since 1954,and divides them into four categories,including legislative decisions,supervision and correction decisions,appointment and removal decisions,and decisions on specific matters,involving ten small decision types.Secondly,based on the classification of decision types,this paper makes a specific discussion on the normative function of the decision-making power of the Standing Committee of the National People's Congress,and analyzes the legislative function,the function of supervision and correction,the function of appointment and removal,and the function of decision-making.Finally,the article also analyzes the social functions of the decision-making power of the Standing Committee of the National People's Congress at the practical level,including the functions of resolving conflicts,providing legitimacy for national reform,and integrating the power of the decision-making power.The fourth part is the practice of decision-making power of the Standing Committee of the National People's Congress.By analyzing the questions of constitutionality and appropriateness in the process of power practice,this paper discusses the constitutionality and appropriateness of the practice of decision-making power of the Standing Committee of the National People's Congress,and further puts forward two ideas and suggestions for restricting the decision-making power of Supervision:first,establish a set of systematic restriction framework in combination with the five power patterns of decision-making power of the Standing Committee of the National People's Congress;second,start in time Article 62,paragraph 12,of the constitution.