A Normative Study Of The Suspended Legislative System

With Chinese economy entering the phase of new normal,the reforms enter a deep-water zone and a period of tough times.The continuous reform of the Chinese Communist Party and China in country’s top-level design,is a key issue and organizational guarantee for the modernization of the national governance system and governance capabilities.It also provides an ideal solution to reconcile the conflict between regional reforms and the current rule of law,which has been argued about the "benign unconstitutionalism theory" by the "rule of law realism" and "rule of law idealism" since the 1990 s.Besides,it responds to the Chinese Communist Party’s request that "major reforms are based on the constitutional law".The National People’s Congress and its Standing Committee attempted to give some certain pilot areas the rights of the "suspension of legislation" within a certain period.So that it can develop the reform and innovation,ensure the steady progress of reform,and advance the rapid development of the economy in the pilot areas.The legality of "suspending legislative power" as a new way of exercising legislative power has been questioned by many scholars,but was finally confirmed by Article 13 of the "Legislation Law" which was passed by the National People’s Congress in 2015.The Article 13 of the current "Legislation Law" gives the National People’s Congress and its Standing Committee the power to suspend legislation in the Basic Law.What’s more,it also sets many restrictive elements such as subject,purpose,scope,time and space,method and range,which makes the actual power of the Standing Committee to suspend legislation have its own superior legal basis.However,A normative legal system need the practices and studies,and the provisions of suspension legislation are not standard enough,and it is inevitable that the provisions are too simple.There are still many "abnormalities" in practice.According to the fact that the "non-standard" phenomenon of the suspension legislation in practice are mainly due to the lack of standardization,and the active practice has expanded the original intention and connotation of the provisions of the regulations.For this reason,in order to develop this new legislative technology,it is necessary for the legislator to work with the theorists and combine with practices to debug relevant provisions of the "Legislation Law".This paper,which bases on a full search of the current status of domestic suspension legislation,comprehensively sorted out the 26 "authorization decisions" so far passed by the Standing Committee of the National People’s Congress,and it used this as an analysis sample to compare with an ideal picture of the suspension legislation system,and then comprehensively reflect on the current problems of China’s.Meanwhile,this paper suggested the normative suspension legislation system from the two dimensions: regulating the top-level design of the suspension legislation system and improving the supporting system design of the suspension legislation system.This paper tentatively proposed the pertinent suggestions to solve the problem of the suspension legislation system.Based on protecting our country’s legislative experience of "first try first" and "cross the river by feeling the stones",this paper will provide a positive and useful reference for the improvement of China’s suspension legislation system.