Constitutional Review Of Legislative Inaction

Legislative Inaction has become a universal issue in the constitutional development of all countries,and China is no exception.Legislative subject has legislative obligation,but delays or fails to perform at all,which leads to the lack of timely formulation,revision and abolition of the legal norms needed by the society,which destroys the healthy constitutional order of our country and infringes on the legitimate rights and interests of citizens.Therefore,the study of Legislative Inaction has important practical significance.This paper combines the relevant provisions of the current Constitution and Legislative Law of our country and studies the governance model of foreign countries.By using the methods of normative analysis,literature analysis,comparative analysis and case analysis,it is divided into four parts.The first part elaborates the concept of legislative Inaction and the classification of legislative Inaction.According to different classification methods,it is divided into three kinds,and sorted out the corresponding examples according to different classification.This part also analyses the harm of legislative Inaction.The second part has carried on the foreign research to the legislative Inaction.mainly combining with the unconstitutional review system of Japan and Korea,to study the relief of legislative Inaction system,trying to draw some experience for our country.The third part is the study of legislative Inaction in China,including the description of thecurrent situation and the analysis of the reasons.In the description of the current situation,I analyzed the current situation of legislative inaction of the NPC and the Standing Committee in China in the light of relevant laws and regulations,and summarizes of five reasons for legislative Inaction,which are divided into legal reasons and other reasons.In the legal reasons,three points are summarized,the lack of a perfect review mechanism of unconstitutionality,the lack of national compensation relief and protection system,and the failure of the legal norms clearing system.Among other reasons,two points are summarized,one is that the exercise of legislative power is unrestricted in concept,the other is to avoid blame,and the other is to pursue the working mode of minimizing blame.The fourth part is the suggestions of legislative Inaction in China.corresponding to the causes,and puts forward five perfect countermeasures to solve this problem,in order to provide ideas for better solving this problem in the future.