Research On People's Congress Leading Legislation And Security Mechanism

In China,Constitution,Legislative Law and Local Organization Law provide that People 's Congress and its Standing Committee who own legislative power ought to be principle parts of legislation.Since the reform and the opening up,the National People's Congress has made remarkable achievements in the legislative achievements.However,over the years,People's Congress leading legislation is only a "Should be" proposition.Due to long-term blurring,the "real" situation of our legislation is that the government departments leading legislation.Therefore,the Decision of the Central Committee of the Communist Party of China on Several Important Issues in Promoting the Rule by Law passed by the Fourth Plenary Session of the 18th Central Committee put forward that:"We should improve the System Mechanism of Leading the Legislation of People 's Congress,and carry forward the leading role of the NPC and its Standing Committee in the legislative work."The newly revised Legislative Law transform "the NPC leading the legislation" into a statutory requirement."National People's Congress leading legislation" refers to National People's Congress and its Standing Committee as the main body of legislation than other subjects,they have a dominant position in the legislative activities."National People's Congress leading legislation"is rooted in the nature of the legislative power and the status and nature of the National People's Congress.National People's Congress leading legislation should be protected by external and internal mechanisms.External security mechanisms include proper handling of the relationship of the party and National People's Congress,clearing the legislative authority division between the National People's Congress and the government,enhancing social and cultural identity and protecting the public participation in legislation.The internal security mechanisms include strengthening the construction of the legislative team,clarifying the division of legislation between the National People's Congress and its Standing Committee,and perfecting the guarantee mechanism from the preparation to supervising the various stages.