An Empirical Study On "Decisions On Legal Issues" By The National People’s Congress And Its Standing Committee

"Decisions on legal issues" are binding documents made by the National People’s Congress and its Standing Committee when the constitution and laws cannot handle certain matters.Such decisions mainly include constitutional decisions and legal decisions.The purpose of making such decisions by the National People’s Congress and its Standing Committee is to: first,to supplement and fill in the constitution or legal gaps,and to provide references for future constitution or legislation;second,to pass a constitution when the constitution or legal provisions cannot meet the needs of the society.Sexual or legal decisions to interpret and explain the Constitution or laws.The nature of the constitutional decision belongs to the constitutional explanatory document,and its effect is regarded as the constitution higher than the law.The nature of a legal decision is a legislative normative document,and its effect is higher than that of laws and regulations but lower than the law.The constitutional decision mainly played the role of remedying the loopholes in the constitution,and the legal decision mainly played the role of remedying the loopholes in the law.This article’s discussion of "decisions on legal issues" is mainly divided into five chapters.The first chapter is the introduction,mainly about the topic background,research significance,literature review,questioning,research ideas,research methods,innovation,etc.The second chapter,on the basis of collecting and sorting out 121 "decisions on legal issues",and then processing relevant academic documents,policy documents,laws and regulations,etc.,has made a clear definition of the basic concepts of such decisions.At the same time,it clearly analyzes the types of such decisions and their judgment standards,and believes that such decisions are manifested as "constitutional decisions" and "legal decisions" in terms of types.Chapter Three fully demonstrates the nature and effectiveness of such decisions,and considers that the nature of constitutional decisions in such decisions is a constitutional interpretative document,and the nature of legal decisions is a legislative normative document.The effect of constitutional decisions is regarded as the constitution is higher than the law,and the effect of legal decisions is lower than the law but higher than the rules and regulations.Chapter Four is the core content of this article.The empirical research on this type of decision is mainly conducted in the form of statistical data and graphs.The empirical research in this article is mainly conducted in four stages: from 1949 to1953,from 1954 to 1981,from 1982 to 2012,and from 2013 to 2021.The classification of the four time periods is proposed because the promulgation of the Constitution in 1954,the promulgation of the Constitution in 1982,and the proposal of "comprehensive deepening of reforms" in 2013 have epoch-making significance.Since 1949,the legislature has made 121 decisions involving legal issues in 72 years(see appendix).Among them,114 decisions are still valid,and effective decisions account for 94.21% of the total decisions,7 decisions that have lost their validity,and invalid decisions account for 5.78% of the total decisions.Through empirical analysis,it is not difficult to find that the legislature’s exercise of powers on such decisions has dilemmas such as undefined nature,unclear effectiveness,and imperfect procedural mechanisms.Chapter Five looks forward to the rule of law on "decisions on legal issues".It is believed that the nature and effectiveness of such decisions should be clarified;the procedural mechanism for such decisions should be improved,including the public consultation mechanism for such decisions before formulation,and the procedural rules for the legislature to make such decisions during the formulation.Such decisions are included in the constitutional review mechanism.