The National People’s Congress And Its Standing Committee’s Experimental Authorization Legislation System Research

The authorization legislation is an important part of the legislation system of the world.In 1955,the NPC’s authorization to the standing committee of the National People’s Congress opened the curtain on China’s authorization legislation.For decades,the legislation has played an important role in maintaining social stability and promoting economic development.With the deepening of reform and opening up,the relationship between reform and the rule of law needs to be straightened out.The party and the state clearly demand that the reform should be firmly committed to the rule of law.In accordance with the concept of "significant reform in the lawt",article 13 of the legislation law added the relevant provisions of the experimental authorization legislation.In brief,the experimental authorization legislation means that the NPC and its standing committee authorize the temporary adjustment or suspension of the applicable law.At present,the research on authorization legislation in China is mature,but the research on experimental authorization behavior is still in the development stage.The legislative innovation in practice has not been raised to the legislative theory and system design.According to statistics,from 2012 to 2018,the standing committee of the NPC has made 23 experimental authorization decisions.The academic research mainly focuses on the basic theory research and the implementation process research two aspects,in the empirical research,the countermeasure research and so on less.Therefore,it is necessary to discuss the experimental authorization behavior with experimental authorization decision text.This not only helps to supplement the research of the experimental authorization behavior,but also helps to enrich and improve the system structure of the authorized legislation.This paper discusses the nature,elements,problems and countermeasures of the experimental authorization legislation.Since the nature of the experimental authorization behavior has not been unified,the explicit behavior is the basis for the follow-up discussion.Therefore,the first chapter focuses on the nature of experimental authorization legislation and concludes that the experimental authorization legislation is a new type of authorized legislation.Second,the second chapter combines the standing committee of the National People’s Congress of 23"authorization decision text content,and the relevant provisions of the legislative law,and analysis of experimental elements characteristics of authorization,lay the foundation for the analysis problem.Thirdly,the third chapter inquires into the problems existing in the experimental authorization behavior through the comprehensive analysis of the authorization decision text and its implementation.Finally,Suggestions are made on the improvement of experimental authorization behavior from the aspects of authority,duration,procedure and supervision of experimental authorization.For example,the scope of the specific authorization,the normative reporting system,the system of filing and review,and the establishment of an effect evaluation system,etc.