Research On The Theory And Practice Of Amendment Of Laws In A "Package" Way By The Standing Committee Of The National People’s Congress

The application of amendment of laws in a "package" way(hereinafter referred to as "package legislation")by the Standing Committee of the National People’s Congress originated from the two decisions made in 2009 on amending and repealing some laws,namely,amending 141 articles of 59 laws and repealing 8 laws and relevant laws.The proposal of package legislation first appeared in the specification of draft decision that the chairman’s meeting proposed to amend and repeal some laws in 2009.Since then,this practice has been regulated by amending the Legislation Law in 2015 to add Article 43,which is summarized as the concept of "package legislation" in the Interpretation of the Legislation Law.In recent years,the work report of the Standing Committee of the National People’s Congress,the speech of the chairman of the Standing Committee of the National People’s Congress,the legislative work plan and the specification of the draft all involve the relevant contents and requirements of package legislation.In 2018,the legislative work plan of the Standing Committee of the National People’s Congress formally proposed "package legislation".Over the past decade,package legislation has been integrated into the legislative documents and specific legislative process of the legislature,and is further improved from practice to norm.From 2009 to now,the Standing Committee of the National People’s Congress,in the change of the legislative situation of forming the legal system of socialism with Chinese characteristics,promoting the deepening reform in an all-round way and comprehensively governing the country according to law,has efficiently responded to the heavy legislative task and promoted the continuous deepening and development of package legislation practice in the form of package legislation.This paper takes the package legislation of the Standing Committee of the National People’s Congress as the research object,primarily carrying out the overall concern and follow-up investigation of the package legislation practice under the background of deepening reform in an all-round way and comprehensively governing the country according to law since the new era.The main problem is how to position and standardize the package legislation which is a form of legislative innovation,and then play and deepen the function and role of this form.The main matters studied in this paper include the form evolution and the historical evolution of package legislation,the mode and characteristics,functions and types of its practical operation,the logical mechanism,basic nature and constituent elements of package legislation which is regarded as a legislative renovation,the theoretical and practical problems arising from the operation of package legislation,and the thinking and methods of the Standing Committee of the National People’s Congress in the standardization of package legislation mechanism.The first chapter is the introduction,which includes the value of the topic,literature review,research ideas and methods,innovation and limitations.The value of the topic expounds the practical value and theoretical significance of the research on the package legislation of the Standing Committee of the National People’s Congress.Literature review combs the researches on package legislation in foreign countries.From the 1980 s and 1990 s to the present,foreign scholars have accumulated a certain amount of literature on the theory and practice of package legislation.The research of domestic scholars mainly focuses on the legislative practice in the early stage of the emergence and development of package legislation in China,mainly conducting discussion about the general principles and legislative techniques such as the concept,type and function of package legislation.Since implementation of comprehensively deepening reform and comprehensively governing the country according to law,especially after the amendment and addition of relevant provisions in Legislation Law in 2015,the practice of package legislation of the Standing Committee of the National People’s Congress has been continuously deepened.However,there is little research on the rich practice of package legislation in academic circles,and there is a lack of further theoretical analysis and normative investigation on the practice of package legislation in combination with the provisions of the legislative law.Based on the official authoritative data,this paper,of course,conducts an in-depth study of the practice and legislative process of package legislation of the Standing Committee of the National People’s Congress,and summarizes the logical mechanism and legal norms of package legislation which is regarded as a legislative innovation.Some problems,through the analysis of the practice and operation process of packaging legislation,are found,and the basic ideas and specific methods of the standardization of packaging legislation mechanism are put forth.The research methods of this paper contain empirical research,normative analysis,comparative research,historical research,etc.Finally,the innovation and limitations of this paper are described.In the aspect of nature screening,the legislative innovation of package legislation breaks through the single dimension of legal cleaning and legislative technology.Package legislation,from the perspective of legislative mechanism,is a new mechanism of "legislative reform,abolition and interpretation";package legislation,from the perspective of legal amendment,is a special form of legal amendment which is different from general legal amendment activities;package legislation,from the perspective of legislative procedure,is an innovative mode of legislative procedure,such as drafting,proposal,deliberation,resolution and publication.In terms of constituent elements,Article 43 of Legislation Law provides a legal basis for the standardization of package legislation.Combined with the normative connotation of Article 43,package legislation is deconstructed from different dimensions into such basic elements as purpose element,form element,range element and voting element.The second chapter,beyond doubt,is to explain the general principles of package legislation,such as the definition of related concepts,theoretical classification,and to compare the practice and methods of different foreign models,and to summarize the foreign experience for reference.The practice of package legislation originated from foreign countries and has a profound historical development context.It is widely used by foreign countries due to its function of improving the efficiency of congressional legislation,and has developed into different types in practice.There are different practices and regulations in the operation of package legislation in foreign countries.This paper investigates the practice,characteristics and theoretical disputes of the German model,the American model and the Japanese model,and finds out the legislative experience and enlightenment of foreign countries.Generally speaking,there are normative legislative techniques,fixed and centralized application areas,specialized auxiliary agencies for legislative review,and joint or special review modes in extraterritorial package legislation,which are worthy of reference.The third chapter is to sort out the historical evolution and development of the package legislation of the Standing Committee of the National People’s Congress.First of all,it traces back to the historical practice of the National People’s Congress and its Standing Committee in the legislative history since the founding of the People’s Republic of China.There are some similarities between the way of centralized handling of laws by the legislature and package legislation in the historical period,but they are essentially different from the standardized procedures of package legislation.The evolution and development of packaging legislation,on this basis,are sorted out from the time nodes of the formal production(2009),the initial exploration(2011-2012)and the standardization and breakthrough stage(2013 to now).Package legislation,certainly,was formally produced in the legal clean-up activities of forming the legal system of socialist with Chinese characteristics.The package legislation,in the initial stage of exploration,continued the color of "legal clean-up",and the legislative practice in this period is still in the exploratory stage.With the continuous development and improvement of the legal system of socialist with Chinese characteristics,the era background of comprehensively deepening reform and comprehensively governing the country by law has changed,and the package legislation,furthermore,has entered the stage of standardization and development.Package legislation has changed and made breakthroughs in quantity,application field,standardization degree and type.Packaging legislation practice,in 2015 was confirmed by the legislative law,marking the beginning of standardization stage.Package legislation,since then,has played a significant role in leading and promoting reform,and has become a normalized legislative activity of the NPC Standing Committee.The fourth chapter is based on the practice pattern and specific operation process of package legislation of the Standing Committee of the National People’s Congress,and analyzes and summarizes the legislative practice from the basic situation,characteristics,types,functions and other dimensions of package legislation.From the previous package legislation practice of the 11 th to 13 th Standing Committee of the National People’s Congress,package legislation plays an important role in the legislative activities of the Standing Committee of the National People’s Congress and has become one of the main legislative forms to lead and promote the reform.Starting from the characteristics of package legislation,package legislation presents some characteristics in the fields of application,legal cases,legislative procedures and so on.According to different standards,such as applicable fields,functions,and the relationship with the authorized pilot,package legislation can be roughly summarized into the same type and cross type,legal convergence type,reform support type and comprehensive type,general modification type and reform pilot confirmation type.Package legislation,with its legislative characteristics,plays a significant role in solving the legitimacy of reform,improving the legal system of socialism with Chinese characteristics,constitutionality protection and improving the legislative capacity of the legislature.The fifth chapter explains the internal mechanism,nature and elements of package legislation which is regarded as a legislative renovation.In terms of logical mechanism,the emergence and development of package legislation are in line with the new requirements of the party’s political decision-making and reform decision-making for improving legislation,the efficiency of the Standing Committee of the National People’s Congress seeking to exercise legislative power under functionalism,the new connotation of the relationship between reform and rule of law in the new era,and the legislative capacity requirements for promoting the modernization of national governance.As a legislative innovation,package legislation has made a breakthrough in its application,legislative thinking and function.Based on the official authoritative data,this paper,of course,conducts an in-depth study of the practice and legislative process of package legislation of the Standing Committee of the National People’s Congress,and summarizes the logical mechanism and legal norms of package legislation which is regarded as a legislative innovation.Some problems,through the analysis of the practice and operation process of packaging legislation,are found,and the basic ideas and specific methods of the standardization of package legislation mechanism are put forth.The research methods of this paper,at the same time,are introduced,for example,empirical research,normative analysis,comparative research,historical research.Finally,the innovation and limitations of this paper are described.The sixth chapter,moreover,discusses the problems and limitations of package legislation from the perspective of practice and theory,from three aspects of legislative value,legislative orientation and legislative norms.As far as the value conflict and coordination of legislation is concerned,the package legislation,which centers on the legislative efficiency,causes the value conflict,and needs to balance and give consideration to the legislative efficiency and the legislative democracy,the legislative efficiency and the legislative effectiveness;as far as the positioning of the legislative mechanism is concerned,the understanding of package legislation is different,the relationship between package legislation and legislative planning and legislative work plan is unclear,and the package legislation is different from other laws in terms of the normal operation of the reform and the rule of law,the packing legislation is too active and the phenomenon of "entrainment legislation" has a potential impact on the unification of the legal system and the stability of the reform to a certain extent,it is necessary to solve the unity of adaptability,stability,guidance and standardization of package legislation under the topic of reform and rule of law.The seventh chapter puts forth the standardization approach of the package legislation mechanism of the Standing Committee of the National People’s Congress from three aspects of the basic ideas,mechanism construction and specific norms.First of all,package legislation is an innovative form of the legislative activities of the Standing Committee of the National People’s Congress.Package legislation,however,has many "anomie" problems in the way of routine operation.The standardization of package legislation mechanism,without doubt,still needs to "control" the exercise of package legislative power,and establish "boundary" for package legislation through the establishment of supervision and standardization mechanism.This paper,according to the spirit of “leading legislation of National People’s Congress”,constructs the communication mechanism of legislative division according to the characteristics of package legislation,in an effort to play a "leading" role.Secondly,the path of the construction of packaging legislation mechanism needs to improve the legislative rules and legislative technology specifications,clear the positioning of package legislation in the legislative mechanism,enhance the legislative procedures of package legislation,such as drafting,proposal,deliberation and voting,set up the connection mechanism of record review,special review and law enforcement inspection,and improve the legislative auxiliary institutions and technology of package legislation.Thirdly,we should further standardize the application,elements and legislative techniques of package legislation.