The Legal Nature of the Decision of the Standing Committee of the National People's Congress on Improving and Strengthening the Recordation Review System
Decisions of the Standing Committee of the National People's Congress on legal issues originated in the early days of the People's Republic of China,during which period they played a role in making up for the lack of laws made by the National People's Congress,a-mending laws,interpreting laws,etc.Later,they gradually developed into legal norms that are parallel with laws.At present,although these decisions are based on the Constitution,the Leg-islation Law,and the Rules of Procedure of the Standing Committee of the National People's Congress,there are many controversies regarding their theoretical basis,content,effect,and position in the hierarchy of legal norms.This article starts with the difference between decisions and laws and holds that,although the decisions of the Standing Committee of the National Peo-ple's Congress on legal issues do not belong to formal laws,they have the abstract and general nature of substantive laws.In addition,from the perspective of the trend of development from legal reservations to parliamentary reservations,it should be recognized that abstract and general matters can be regulated not only by formal laws but also by decisions-a form of regulation oth-er than law,but still compatible with the principle of parliamentary reservations.Of course,given the differences between decision-making and formal law-making in terms adoption proce-dure,certain limitations are imposed by legal reservations on the content of decisions.The question of whether decisions of the Standing Committee of the National People's Congress on legal issues have legal effect can be answered not in a generalized way but on the basis of the specific content of each decision.At the same time,the position of a legally binding decision in the hierarchy of legal norms does not necessarily equate to or be lower than that of law,and it is necessary to use the judgment criteria provided by the theory of legal hierarchy to make a case-by-case judgment.Specifically,regarding the 2023 Decision of the Standing Committee of the National People's Congress on Improving and Strengthening the Recordation Review System,firstly,from the perspective of the abstract and general nature of its content,this decision be-longs to a decision on legal issues,which is different from a decision on major issues originating from the power of decision-making on major issues of the Standing Committee of the National People's Congress.Secondly,from the perspective of competence,this decision falls within the scope of parliamentary reservations.And thirdly,from the perspective of effect,this decision belongs to a decision with legal effect,and its position in the hierarchy of legal norms is lower than those of the Constitution and laws.The review report of the Constitution and Law Commit-tee of the National People's Congress on the draft of this decision also indicates that it may not contravene the Constitution and laws.
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