Research On The System Of Local Standing Committee Of The People’s Congress To Exercise The Power Of Repeal

According to provision of Article 104 of the Constitution: Local Standing committees of people’s congresses at or above the county level……can repeal inappropriate decisions and orders of the people’s government at the corresponding level and inappropriate resolutions of the people’s congresses at the next higher level……This is the constitutional basis for the Local Standing committees of people’s congresses to exercise the power of repeal.At the same time,Local Standing Committee of the People’s Congress are granted the power of repeal by Legislation law of the People’s Republic of China,Organic Law of the People’s Republic of China on the People’s Congresses and People’s Governments at all local levels and Supervision Law of the Standing Committee of the people’s congresses at all levels of the People’s Republic of China.It is an important way for Local Standing Committee of the People’s Congress to supervise other state organs by exercising the power of repeal.But in practice,the power of repeal just exists in papers.There are no specific and uniform methods about the scope and standard of the power of repeal.And it is also unreasonable that state organs start up the power of repeal.All the reasons above make it difficult to exercise the power of repeal.The purpose of this thesis is to enhance its operability and make the power of repeal work well by defining the scope,unifying the standard,improving the starting mechanism and so on.This thesis is divided into the following four parts:The first part is the introduction of theoretical basis and necessity of the power of repeal.The legitimate rights and interests of the people are infringed,because there are too much normative documents,and the existing supervision system of normative documents does not work well.State power should be supervised if we want to realize the goal of Ruling the country by law and safeguard the unity of the legal system.Normative documents,as an important tool for state organs to exercise their powers,should also be included in the scope of supervision.As state power organs,the most severe way of supervising other organs’ normative documents of Local Standing Committee of the People’s Congress is to exercise the power of repeal.The second part introduces the state of exercising the power of repeal.Now,the power is dormant.We can find few examples about this in practice,so the power did not do what it should do.The absence of the power of repeal makes it common that he legitimate rights and interests of the people be infringed by normative documents.It aroused the dissatisfaction of the people,and then the authority of Local Standing Committee of the People’s Congress has been damaged.The third part analyzes the reasons why Local Standing Committee of the People’s Congress did not exercise the power of repeal.The Constitution and laws just grant the power of repeal to Local Standing Committee of the People’s Congress,but do not prescribe how to exercise the power.There are no implementation details about the scope and standard of the power of repeal,so Local Standing Committee of the People’s Congress do not know how to operate the exercising process.Beyond that,it makes the repealing process more hart to be started that the people are excluded from the starting process as stakeholders of normative documents.All above are reasons why Local Standing Committee of the People’s Congress do not exercise the power of repeal.The fourth part provides some suggestions of promoting Local Standing Committee of the People’s Congress to exercise the power of repeal.In defining the scope of repeal,we can follow three steps as the enacting organ,effect scope and substance to determine which normative document should be included.For the standard of repeal,it divided into two parts,the standard of legitimacy and rationality.In the standard of rationality,we can learn from the principle of proportionality in administrative law.Besides,we should extend the scope of start subject of repealing process and the people should be included.