Research On The Right To Formulate Laws And Regulations

The reform of the supervisory system is an institutional innovation to adapt to the current form of anti-corruption.The supervisory organs have become the specialized organs to exercise the national supervisory power.The Amendment to the Constitution and the Supervision Law provide the basis for the supervisory organs to perform their functions and powers,but it is impossible to complete the supervisory work completely by relying only on these two laws.As a result,the supervisory laws and regulations emerged at the historic moment.The Standing Committee of the National People's Congress passed the legislative interpretation and delegated the power of making supervisory laws and regulations to the National Supervisory Commission.How to clarify the system,boundary and principle of the power of supervision law making is the key to make supervision law play a good role in anti-corruption.The body of this article is divided into three parts with a total of 30,000 words.The first part is the overview of the supervisory regulation making right.First of all,the good must be explicitly enacted regulations on the supervision of the main body,the National Supervisory Commission as a national authority granted power of regulations formulated by the standing committee of the NPC,can promote the establishment of the supervision system of law,and can promote the supervision of the work,and the authority of national supervision committee and the professional can make effectively and promote the implementation of the supervision regulations.Secondly,supervision regulations,as a form of legal norms with general binding force and applicable in the supervision field enacted by specific institutions nationwide,should also be similar to administrative regulations in terms of effectiveness and rank,which is lower than the Constitution and laws,the same rank as administrative regulations and higher than local regulations and rules.Finally,the direction of the formulation of supervision laws and regulations should start from the functions and powers of the supervisory organs as stipulated in the Supervision Law.Regulations can be formulated for the supervisory subjects to specify the functions of supervision,investigation and disposal of the supervisory organs,and regulations can also be made for the supervision procedures to ensure the justice of the procedures.The second part,there are still some problems in the supervision law making right.First,the Legislation Law has not been amended,and the Regulations on the Procedures for Formulating Supervision Regulations has not been formulated,making detailed provisions on the formulation of regulations,resulting in insufficient basis for the power of making regulations.However,the boundary of the enforceable power has not been clearly defined.How to ensure that the supervision laws and regulations formulated do not cross the boundary is the core problem existing at present.Third,supervision laws and regulations may be confused with party discipline and regulations,leading to the division of party discipline and national law.The main reason for these problems is that the supporting laws and regulations have not been kept up to date,and it is not possible to make detailed provisions on the operation mechanism,principles and concepts of the supervisory legislative power.The third part is the perfection of the right to make supervision laws and regulations.First of all,it is necessary to clarify the formulation procedures of supervision regulations,which can be divided into project approval,drafting,review,decision,announcement and filing stages with reference to administrative regulations.Secondly,it is necessary to clarify the boundary of the power to supervise the enactment of laws and regulations.The boundary of the executive legislation is within the scope of the implementation of laws and regulations,the creative legislation should be distinguished between the management type and the leadership type,and the delegating legislation should be authorized by the NPC Standing Committee.Supervision laws and regulations and party discipline party rules of the boundaries of the same to clarify,can not be confused.Thirdly,the supervisory regulations should follow the principles of constitutional primacy,legal reservation,legislative modesty and procedural justice in the formulation process.Finally,it is necessary to improve the right of making supervision laws and regulations by legislation,and modify the subsequent laws and regulations to adapt to the formulation of supporting supervision laws and regulations.Gradually build the supervision and interpretation system,and refine the supervision laws and regulations;Establish and improve the filing and review mechanism of laws and regulations,and ensure the quality and legality of supervision laws and regulations.Only by perfecting the legislation in these aspects can we solve the problems existing in the right to formulate the supervision laws and regulations,and ensure that the supervision laws and regulations can guarantee the supervision work and promote the excellent effect of anti-corruption.