The Study of the Legislative Basis Provisions in the Law
The clause outlining the legislative basis is a pivotal element within legal texts,acting as the cornerstone for enacting legislation—a matter often encountered.In the laws currently in effect,promulgated by the National People's Congress and its Standing Committee,approximately a third incorporates a clause specifying their legislative basis,with the Constitution frequently cited as this foundation.As legislative amendments occur,these clauses too are subject to revision.Although these clauses primarily appear at the outset and do not directly modulate social conduct,they fulfill various roles including"affirming the principle of constitutionality in legislation","proclaiming the tenets of scientific law-making","offering overarching guidance for law application",and"providing indirect elucidation of the legal nature".Despite their importance,both the structure and substance of these legislative basis clauses exhibit significant deficiencies.It is thus imperative to methodically and logically tackle questions concerning the necessity of defining a legislative basis,the criteria for its selection,and the manner of its articulation,with the aim of enhancing the legislative technical standards pertaining to the legislative basis clauses.
the lawthe legislative basis provisionslegislative technical specificationsthe NPC and its standing committeethe legislation law
国家科技期刊平台
NSTL
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