Research On The Mechanism Of My Country's National People's Congress Leading Legislation

In China,NPC-led legislation is the embodiment of the People’s Congress System in legislation.However,in order to quickly reverse the lack of a legal system in China in the early days of the reform and opening-up,the NPC authorized the use of the government’s prior legislation.For a long time,the situation of sector-led legislation was formed by practice,and NPC-led legislation became "empty talk".The amendment of the Legislation Law in 2015 stipulates the decentralization of the local legislative power and expansion of local legislative aspects pertaining to cities divided into districts.Urgent practical problems include how to ensure the dominant position of the NPC in local legislation,and which system and mechanism to use in order to realize NPC-led legislation.Therefore,this paper regards the system and mechanism of NPC-led legislation as the primary focus.The research sample includes 17 cities in the Shandong Province,divided into districts.It looks at each sample of legislation and legislative participation subjects as aspects,and summarizes the beneficial experiences and deficiencies of NPC-led legislation in these 17 cities.Lastly,the study presents some suggestions to strengthen NPC-led legislation.This paper is divided into four parts:The introduction mainly introduces the social,institutional and academic background rooted in the system and mechanism of NPC-led legislation,and clarifies the concept of NPC-led legislation.Chapter one analyzes the theoretical and practical basis of NPC-led legislation.NPC-led legislation is the extension of the principle of popular sovereignty and has a profound theoretical foundation.It is also of practical importance as a means to eliminate legalisation of departmental interests,promote the modernisation of national governance,and improve the democratic and scientific nature of legislation.Chapter 1analyses the theoretical and practical bases of NPC-led legislation.Chapter 2 introduces how to address the relationship between the NPC and other legislative participants,specifically,the relationship between the NPC and the ruling party,government departments,CPPCC,and the public.Chapters 3 and 4 introduce the practice of NPC-led legislation in 17 cities divided into districts in Shandong Province.Chapter 3 focuses on the analysis of the actual operation of the NPC in the legislative process from the aspects of personnel allocation and the exercise of local legislative power.On the basis of Chapter 3,Chapter 4 summarises the local experience ofNPC-led legislation and analyses its deficiencies.Chapters 5 and 6 put forward suggestions to perfect the system and mechanism of NPC-led legislation.Chapter 5 proposes that we should adhere to the leadership of the CPC,enhance the leadership ability of the NPC,and expand public participation to improve this legislation.Chapter 6 summarises the specific mechanisms that should be established in NPC-led legislation,including deepening the participation of deputies in legislation,establishing a full-time mechanism of legislative personnel,perfecting the scientific project initiation mechanism and cooperative drafting mechanism,establishing a reasonable deliberation mechanism,and improving public participation in the legislation process.