Research On Supervisory Legislative Power

In 2019,the Standing Committee of the National People’s Congress(NPC)passed a decision to give the National Supervisory Commission the power to formulate supervision regulations.This is not only become an issue in the field of supervision law,but also a research topic in constitutional law,legislation,and party rules and regulations.Since the power to formulate supervision regulations involves changes in the legislative system,the discussion of the power to formulate local supervision rules and the supervisory interpretation power has been extended,and the research on supervisory legislative power has been started in the legislative academic circles.This article will focus on the core proposition of supervisory legislative power,from five aspects:its connotation,theoretical basis,historical evolution,extraterritorial investigation and system construction,focusing on four questions,include what is supervisory legislative power,whether there is a supervisory legislative power,why it is necessary to empowerment supervision legislative power,and How to build the internal system of the power.The first chapter is an overview of the supervisory legislative power,and discusses the concept,value orientation and exercise principles of the supervisory legislative power.This article takes a narrow view of the concept of supervisory legislative power,that is,supervisory legislative power refers to the power of supervisory organs to formulate,approve and change relevant legal norms.According to the definition of supervisory legislative power,its characteristics can be summarized as complexity,legitimacy,democracy,auxiliary,subordinate,relative independence.The value orientation of supervisory legislative power includes maintaining the unity of the rule of law,strengthening power supervision,promoting human rights protection,and balancing the dual attributes of supervisory work.On the basis of definition and characterization,combined with the value orientation of supervisory legislative power,it can be deduced that the exercise principles of supervisory legislative power include legal superiority,legal reservation,procedural justice,and investigation and research.The second chapter is the theoretical basis of supervisory legislative power.The discussion of the theoretical basis includes two purposes:on the one hand,demonstrate the establishment of the supervisory legislative power with legislative theory.The diversification of legislative power allocation and legislative system in our country leaves possibility for the existence of supervision legislative power.The precedents of the executive legislative power provide a template for monitoring the connection between the legislative power and the legislative system.And the establishment of supervisory legislative power should follow the double confirmation of the legislative law and the constitution.On the other hand,through the supervision theory and theoretical analysis of the system of socialist rule of law,it provides an explanation of the necessity of conferring legislative power on supervision.The operation of supervision power must follow the principle of supervision according to law,and giving supervisory legislative power is a necessary means to supplement the supply of supervision system and regulate the exercise of supervision power under the background of supervision according to law.In addition,the power of supervision plays a key role in the system of socialist rule of law,and the operation of supervision power are closely related with the supervisory legislative power.Therefore,the supervisory legislative power is also of great significance to the construction of the system of socialist rule of law.The third chapter monitors the historical evolution of supervisory legislative power of China.The supervision system in ancient China began in the pre-Qin period,developed in the Qin and Han Dynasties,and matured in the Tang and Song dynasties.After thousands of years of accumulation,the supervision legislation under the feudal system reached its peak in the Ming and Qing Dynasties,and gradually became extreme.The supervisory organs of the Qing Dynasty began to exercise the power to formulate norm,which originated from the rule-making power delegated to the central ministries and institutes by the Qing Dynasty.After modern times,supervisory organs formulate norms began to be regular,especially the power to formulate norm of the Supervisory organs of Nanjing National Government.The supervision system in New China has experienced tortuous development.After the reform and opening up,an administrative supervision system has been formed,and with the reform of the supervision system,a comprehensive adjustment has been carried out.In this process,supervision legislation has gradually become standardized,ruled by law,and normalized,and finally the supervisory legislative power has been formed.Summarizing the historical evolution of the supervisory legislative power is of great significance for us to deeply understand why the supervisory legislative power is needed and how to exercise this power.The fourth chapter examines the extraterritorial countries and regions of the allocation of supervisory legislative power.By selecting representative countries and regions as samples,this paper sorts out the relationship between its supervision system,supervision function and supervision legislative power allocation.In each form of supervisory system,the allocation of supervisory legislative power is far from the same.The function of supervision is different,and the configuration of supervisory legislative power is also different.Our country’s supervision system and the allocation of supervisory legislative power are a unique hybrid model,which increases the demand for supervision legislation,which is also an important reason for giving supervisory legislative power.In addition,the experience of supervision legislation in other countries and regions can be used as a reference for us to adjust the concept of supervision legislation,standardize legislative authority,and improve legislative technology.The fifth chapter is the system construction of supervisory legislative power.The supervisory legislative power system consists of three powers,namely,the power to formulate supervision regulations of the National Supervisory Commission,the power to formulate supervision rules of local supervisory committee,and the supervisory interpretation power.First,according to normative analysis,define the scope of the power to formulate supervision regulations of the National Supervisory Commission.In the connection of the legislative system,clarify its rank,grasp the key system nodes,standardize the exercise procedure of this power,and improve the legislative supervision system.Second,clarify the theoretical differences on the power to formulate regulations of local supervisory committee,includes whether it should be empowered,the level of empowerment and the scope of authority.To clarify the above differences,the key is to sort out the institutional logic of this power,draw the conclusion that the power should be empowered,and this empowerment should be limited,and regulate the exercise of this power.Third,the origin of the problem of power to interpret supervisory rules is the actual need of supervision organs to exercise interpretation power.The power to interpret supervisory rules belongs to laws and regulations interpretation power.On the basis of the historical investigation,type division and function interpretation of the laws and regulations interpretation power,the application prospect of power to interpret supervisory rules in our country is clarified,and then build its operation system.