Normative Analysis And Practice Reflection On "Suspending The Implementation Of Law"

The suspension of the law system was born in 2012 and was established in 2015 by a system of Article 13 of the Legislation Law.Most of the early scholars analyzed the nature of the suspension of the law,the legitimacy of the suspension of the law system,and the legitimacy of the authorized subject and the authorized subject from the theoretical level.Different from Chinese current legislative form of “decoration,revision,interpretation and abolition”,we cannot simply think that the “suspension of law” system is a special form in the traditional form of legislation.In addition,some people tried to confine the suspension of the implementation of the law system to the authorization of the legislative system,but the author believes that it is better to say that the two belong to "brothers relationship".In China,which increasingly emphasizes the concept of the rule of law,the system of “suspending the implementation of the law” provides a low-risk,low-input,high-return reform tool for China's response to the domestic and international trends that are undergoing profound changes,and has become a comprehensive deepening reform and comprehensive law.A tool for coordinating the relationship between reform and the rule of legal in the context of management the country.However,although the “suspension of the law” system has got rid of the shortcomings of the lack of early legitimacy,as an emerging system,defects and deficiencies still exist.First of all,the legal provisions on the suspension of the implementation of the law system are only Article 13 of the Legislative Law,and the content of the provisions of the article is also vague,thus leading to some irregularities in the actual operation of the “suspension of the law” system.If the authorization is out of scope,the repeated authorization is outstanding.Secondly,due to the lack of central legislative standards and the irregular operation of the system,the provisions of the local legislative organs to “suspend the implementation of local laws and regulations and other normative documents are endless.Once the means of suspending implementation of local laws and regulations are widely carried out in various places,then The unification of the legal system in our country will be severely damaged and therefore needs to be strictly restricted.Therefore,the central legislature should take measures to explain Article 13 of the Legislative Law in a timely manner,and stipulate such things as basic principles and constitutional review.In this way,the suspension of the implementation of the law system can become a tool for promoting reform and building a well-off society in an all-round way,rather than a hindrance to the rule of law in China.