| With the change of society and the deepening of reform,experimental legislation has been one of the basic methods of legislation in China,and has played a great role in maintaining social stability.First of all,in the process of reform and opening up,the State Council is in a leading position,managing and taking charge of the overall situation.Secondly,as the highest administrative organ of the country,the State Council connects the central government and the local government on the one hand,which plays a connecting role.Moreover,the flexibility and professionalism of the State Council’s legislation also makes it play an irreplaceable role in the experimental legislation.Moreover,the flexibility and professionalism of the State Council’s legislation also makes it play an irreplaceable role in the experimental legislation.In China,it is rare to study the legislation of the State Council from the perspective of experimental legislation,and there is no systematic research in other countries in the world.In this regard,this paper combs the existing legal provisions of the experimental legislation of the State Council,interprets it from the perspective of the relationship between reform and legislation,compares similar legislative precedents abroad,seeks experience,and makes suggestions on the experimental legislation of the State Council of our country.Accordingly,this paper makes the following analysis.The experimental legislation of the State Council has been formed,first(authorized)by the State Council and later by the people’s Congress;First formulate trial and interim laws,and then formulate formal laws;The State Council authorized local governments to try the three paths first,which experienced three stages: the early days of the founding of the People’s Republic of China,the early days of reform and opening up and the period of comprehensively deepening reform.The experimental legislation of the State Council has its theoretical and practical value,and its existence is indeed necessary.However,the experimental legislation of the State Council is not a simple project.In practice,there are many problems,such as unclear authorization,"test" rather than "interim",imperfect supervision mechanism,absence of evaluation system and so on.Finally,this paper puts forward three suggestions,hoping to make the legislative system of the State Council break through deficiencies and further legalize by clarifying authorization,improving supervision and establishing evaluation system. |
