The Proper Exertion Of NPC Standing Committee’s Power Of Amending Basic Law

According to the evolution of Chinese legislative system,the NPC Standing Committee was not permitted to exert legislative power in the beginning period,then it was authorized to draft the specific regulations,and now it can enact laws and restrictedly modify the basic laws which enacted by the NPC,this process resulted in the distinguishability of “basic law ” and “non-basic law”.For adapting to the development of society and economy,the legislature needs to enact and amend laws without delay,but it is almost impossible for NPC to achieve this because of its short duration,heavy tasks and other objective causes,so the NPC empowers the NPC Standing Committee to exert the power.Even though the constitution restricts the NPC’s amendment power in many aspects to prove that the NPC can enact and modify laws properly,the NPC Standing Committee may exercise the legislative power improperly,here are its specific performances,firstly,it may exercise the amending basic laws power unduly,and turn to be the major subject of amending basic laws;secondly,the NPC and NPC Standing Committee may amend the same law alternately and disorderly;thirdly,the NPC Standing Committee may failure to comply with the restriction of amending the laws partly,but change the basic principle of laws.The primary cause of this phenomenon is Chinese “two level” legislation system,and the regulations about basic laws are too limited to distinguish the “basic law” and “non-basic law” precisely;the constitution’s restriction on the power of amendment of basic law is not clear enough,and short of hard and fast rules;meanwhile,there’s no necessary supervision on NPC Standing Committee when it amends the basic law,so it can exert the power without any restrain.To regulate the NPC Standing Committee’s exertion of the power of amending basic laws,it requires a multipronged approach such as establishing the principles of how to exert the power;making the specific types of laws clear which can only be amended by NPC;making the vague regulations about the restriction on the power of amendment definite;improving the NPC’s monitoring procedure and so on.