Definition of the Miscellaneous Provision in the Chinese Constitution on the Powers of the National People's Congress
The miscellaneous provision on the powers of the National People's Con-gress(NPC)in Article 62(16)of the Chinese Constitution,represents a cornerstone in the doctrinal construction of state institutions in the Chinese constitutional system.The NPC,as the highest organ of state power in China,traditionally has been perceived in constitutional scholar-ship as having"plenipotential,supreme,and infinite powers."However,as China's reform deepens and political practices evolve,questions regarding the boundaries of the powers of the highest organ of state power have gradually emerged.The principle of limited government and the principle of exercise of public power only when authorized by law are basic tenets of modern constitutional states.The powers of state organs are typically constrained by enumeration,but miscellaneous provisions,as a legislative technique,exhibit characteristics of ambiguity and openness and further increase the ambiguity of boundaries of powers.Therefore,it is essential to conduct a normative analysis of the miscellaneous provision in the Constitution on the NPC's powers,so as to clarify and limit through a systematic interpretation of the normative connota-tions of the functions and powers of the highest organ of state power.The Constitution establi-shes the power structure of the NPC with Article 62 of the Constitution at its core.Based on the practice of the NPC in the exercise of its powers,both negative and positive delineations can be made for the miscellaneous provision.The negative delineation method establishes what does not constitute a power under the miscellaneous provision,while the positive delineation determines what falls under the purview of the miscellaneous provision.Through negative delineation,this paper excludes from the normative content of the miscellaneous provision legislative decisions based on the exercise of legislative power,the developmental authority of the NPC's enumera-ted powers,the NPC's powers specified by the Constitution beyond Article 62,and constitu-tional powers vested in other state entities.Through positive delineation,instances such as deci-sions on significant matters of a visionary and comprehensive nature that fall beyond the scope of the NPC powers enumerated in the Constitution,experiments in the constitutional reform,and the filling in of institutional blanks unforeseen in the Constitution can be considered potential scenarios for the exercise of functions and powers under the miscellaneous provision.This ap-proach provides the NPC with a constitutional basis for addressing emerging issues and ensures the standardized and correct exercise of its powers.The"should be"in the phrase"other func-tions and powers that should be exercised by the highest organ of state power"implies that posi-tive delineation involves rational and objective value judgment criteria and that its scope is not immutable.It may expand or contract with the change of the functions of the state or the tasks of the state in a given period.
NETL
NSTL
万方数据
维普
