Study On The Legislative Authorizatoin Of Reform Experiments By The Standing Committee Of NPC

The legislative authorization of reform experiments refers to the legislative authorizationon for temporarily suspending or adjusting the implementation of certain articles of current laws,or conducting legislative experiments of new legal institutions in pilot reforms,by the Standing Committee of NPC,under the guideline of “all of major reforms should have legal basis”,since 2012,especially since the Fourth Plenary Session of the 18 th CPC Central Committee,as well as the new legislative authorization system derived from the per se legislative practices,which is different with the delegated legislation system established during 1980 s to 1990 s for the purpose of promoting opening-up reforms.The definition of legislative authorization of reform experiments has its connotations both practically and institutionally.Practically,the legislative authorization of reform experiments refers to the 23 legislative authorization decisions made by the Standing Committee of NPC since 2012,as well as the legislative practices concerning the suspension and adjustment of administrative laws and regulations and local code and regulations based on these decisions.Institutionally,the legislative authorization of reform experiments refers to the legal system concerning the suspension and adjustment of laws based on Article 13 of the Legislation Law,as well as the legal systems concerning the suspension and adjustment of administrative laws and regulations and local code and regulations,which plays a supporting system of the former.Based on practice induction and normative analysis,this study focuses on the practice of the legislative empowerment reform experiment of the Standing Committee of NPC,and attempts to comprehensively analysis the emergence and development of this new legislative system and its impact on reform and legislation.Furthermore,this study also tries to describe the fundamental characteristics and explain its internal operation mechanism and logic from a theoretical perspective.And finally proposes the paths for perfecting China’s legislative system for the legislative authorization of reform experiments.The subject of this study is: the legislative authorization of reform experiments as a tool for implement of “all major reforms should have legal basis” in the context of comprehensively deepening reform and comprehensively implement the rule of law,its historical origin,status quo,operation,as well as the perfection of its legal system.The results of the study show that the legislative authorization reform experiment is a kind of legislative innovation mechanism under the new context of comprehensively deepening reform and comprehensively implementing rule of law.This mechanism has been adapted to solve the problem of empowerment of different reform and innovation experiments,such as reform and current legal conflicts,legislative creation experiments,and constitutional reform experiments,effectively bridging the "legal crack period" of reform experiments and raising the level of legalization of reform.However,there are still many problems in its operation and system construction.It is necessary to make corresponding adjustments based on the specific analysis and the current situation of China’s legislation and reform,so as to better play the role of legislative authorization of reform experiments in China’s reform of the rule of law.The main contents of each chapter of this study are as follows:The introduction part mainly introduces the research background and research significance.On this basis,the core concepts such as the “Legislative Authorization Reform Experiment” are defined and explained.At the same time,this section also reviews and evaluates relevant research topics at home and abroad to better carry out research on this topic.Finally,this section provides an overview of the research methods,main content and structure.The first chapter combs the historical context of the legislative authorization reform experiment.This chapter is based on the review of the process of reforming the rule of law in China,and demonstrates that the legislative empowerment reform experiment is the product of the reform of the rule of law in China to the comprehensive deepening of reform and the new stage of law-based governance.It is in line with the rule of law in the process of China’s reform and opening up,but At the same time,it also has the unique characteristics of the rule of law construction in the new era.Secondly,this chapter sorts out the process of the development and evolution of the legislative empowerment reform experiment.The legislative empowerment reform experiment has gone through the process from accidental experimentation to continuous expansion and the formation of a legislative system with stable practice characteristics.The level of institutionalization has also been continuously improved.From the temporary adjustment of the law or the temporary suspension of implementation,it has gradually developed into a multi-level legislative authorization reform test norm system including laws,administrative regulations and local regulations.In addition,this chapter also analyzes and evaluates the status and significance of the legislative empowerment reform experiment in reforming the rule of law.The second chapter analyzes the status quo of the legislative authorization reform experiment from a static perspective.This chapter mainly focuses on the types of legislative authorization reform experiments.It discusses the types of legislative trials that authorize temporary adjustment or temporary suspension of law enforcement,pilot system authorization,and authorized constitutional reform experiments,and points out that each type of authorization is in response to reform.Different legal requirements for the test.Subsequently,this chapter analyzes the functions and advantages of the legislative authorization reform experiment.It is pointed out that the legislative empowerment reform experiment has the function of guaranteeing reform,promoting legislation,resolving conflicts and verifying the effects.It has advantages that other legislative means do not have in maintaining the stability of the law,the flexibility to deal with the reform of the rule of law,the prudence in maintaining the reform experiment,and the acceptability of the reform test results.The third chapter analyzes the operation process of the legislative authorization reform experiment from a dynamic perspective.This chapter first analyzes the process of legislative empowerment reform experiments.The practical operation of the legislative authorization reform experiment can be summarized as five stages:determining reform issues,clarifying authorization matters,authorizing the legislature,authorizing implementation,and promoting the law.Secondly,this chapter analyzes the many shortcomings in the process of the legislative authorization reform test.At the operational level,there is a lack of necessary control in the authorization implementation process,insufficient evaluation of the authorization effect,lack of procedural norms of authorization,insufficient supervision and supervision,and lack of effective coordination and control of authorization.The fourth chapter is based on the legislative theory on the key issues of the legislative authorization reform experiment,such as the legality of the authorization,the nature of the legislative authorization reform experiment,the legislative authorization decision and the relationship of Article 13 of the Legislative Law.The analysis of the constitutionality and legitimacy of the legislative empowerment reform test of the Standing Committee of the National People’s Congress shows that although Article 13 of the Legislative Law to a certain extent compensates for the lack of constitutional legitimacy of the authorization,the constitutional interpretation mechanism is absent.Under the circumstances,the constitutional issue of the legislative empowerment reform test of the Standing Committee of the National People’s Congress has still not been satisfactorily resolved.The analysis of the nature of the legislative empowerment reform test of the Standing Committee of the National People’s Congress shows that the NPC Standing Committee’s legislative empowerment reform test cannot be regarded as authorization legislation,legal modification or new legislative type,and its property should belong to the prelegislative test procedure.A pre-procedure of legislation,not an independent type of legislation.The confirmation of this nature helps to adjust China’s thinking on the design of the legislative system for legislative empowerment reform,and regulates it as a legislative test procedure.An analysis of the basis and equal relationship between the legislative mandate reform test decision and the provisions of the Legislative Law shows that the authorization practice created by the NPC Standing Committee in the practice of authorization is an extension of Article 13 of the Legislative Law.supplement.However,the existence of such a practice is based on the premise that the conditions for reform practice are immature,and should be applied to impose restrictions,and as far as practical conditions are ripe,it should be confirmed and standardized through formal legislation.The fifth chapter focuses on the current legislative framework of legislative reform and its improvement.This chapter first sorts out the institutional framework of the current legislative authorization reform experiment in China.China’s legislative authorization system consists of temporary adjustments or temporary suspension of laws,administrative regulations,and local regulations.The authorization practices formed in the practice of the NPC Standing Committee also constitute an integral part of the legislative authorization reform experiment.Secondly,this chapter also points out the problems existing in China’s legislative authorization system.China’s legislative authorization reform test system has problems such as incomplete coverage,too vague norms,inconsistent authorization practices and authorization norms.Thirdly,this chapter puts forward measures to improve the design of the legislative reform system for legislative reform in China.In the process of perfecting the design of the legislative authorization reform test system,the principles of legality,systemicity,equality,proportionality and rational analysis should be followed.China’s legislative authorization reform test system should be further improved in terms of the type of authorization,the clarity of the authorization rules,the authorization procedure mechanism,the authorization supervision mechanism,and the authorization assessment.Finally,the conclusion part reviews the legislative value of China’s legislative authorization reform test system and looks forward to its development prospects.It believes that the legislative empowerment reform test system has proved and guided by the legislative practice in recent years.The legislative authorization reform test system has Strong vitality.The future legislative empowerment reform pilot system will be further developed in both the practice and institutional dimensions: in the practical dimension,the legislative empowerment reform experiment is characterized by its rule of law and flexibility and a good balance between the rule of law and reform.More and more widely used in reform experiments.The practice of empowering reform experiments will be extended to reform experiments at all levels.In the institutional dimension,the institutional norms of legislative empowerment reform experiments will continue to become clear in the interaction between reform practice and rule of law construction,and its norms will become more and more specific and clear from vagueness and broadness.Extensive licensing practices and a clear licensing system will be the future prospects for the legislative mandate reform experiment.