On the Types and Value of Legislative Delegation by the National People's Congress and Its Standing Committee
Legislative delegation by the National People's Congress(NPC)and its Standing Committee is an atypical mechanism apart from the basic mechanism for the allocation of legislative power,including the enactment,revision,abrogation,interpretation of laws,and compilation of legal codes.To discuss the legislative delegation by the NPC and its Standing Committee in a holistic manner not only neglects the historical changes of legislative delegation,but also ignores different legal sources and practical objectives of legislative delegation,as well as different objects of delegation and the fact that they are distinguished from each other.According to the Constitution and Constitution-related laws such as the Legislative Law and the Basic Law of Hong Kong Special Administrative Region of the People's Republic of China and the Basic Law of Macao Special Administrative Region of the People's Republic of China,the practices of legislative delegation by the National People's Congress and its Standing Committee have been developed into three relatively independent major types:delegation concerning enactment of legal rules,delegation concerning temporary adjustment of laws,and delegation concerning regional governance.The three main types of legislative delegation by the highest state authority are established by directly incorparating Chinese experience and inheriting delegation tradition.These three types enjoy commonalities in terms of delegation subjects and supervision,etc.,however,there are also significant differences in aspects such as whether there are relevant laws at the time of delegation,whether the power is transferred during delegation,the scope of delegated items,the scope of authorized subjects,and the process of delegation operation.This categorization-based discussion on the legislative delegation by the National People's Congress and its Standing Committee explains the practice and improvement of the delegation system in response to various special needs,clarifies the specific circumstances under which the practical rationality applies to the rule of law and reform in a categorized manner,enriches the approaches to governance modernization of the national institutional innovation based on practice,and demonstrates the inheritance,national character and pioneering nature within the development of China's legislative delegation system.
Delegation Concerning the Enactment of LawsDelegation Concerning Temporary Adjustment of LawsDelegation Concerning Regional GovernanceCategorization
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