The Study On Quasi-legislative Decisions From The Perspective Of New Institutionalism

Decisions on constitutional and legal issues made by the Standing Committee of the National People’s Congress in exercising decision-making and legislative powers play a role in supplementing and improving laws and meeting the needs of practice for norms when legislation lags behind.They are an important part of my country’s legal system.Although it has the form of "decision",it has the effect of "law",so it can be called "quasi-legislative decision".Under the requirements of comprehensive rule of law in the new era,it is necessary to clarify the connotation and nature of such decisions and to standardize them and integrate them with the rule of law.When studying "quasi-legislative decisions",it is not only necessary to study the relevant legal documents themselves,but also to fully grasp its historical changes and internal operating logic.The political theory of new institutionalism can provide a new perspective for legal research,among which historical institutionalism Theory focuses on institutional changes,while normative institutionalism attaches importance to the logic of appropriateness,and is used in the study of "quasi-legislative decisions",which can be comprehensively interpreted to grasp its historical changes and future directions.The thesis is divided into six chapters,the first chapter introduction mainly introduces the domestic and foreign research status of "quasi-legislative decision" and new institutionalism,as well as the research ideas and research methods of this paper.The second chapter analyzes its nature by legal doctrine,and expounds the internal contradiction and external predicament of "quasi-legislative decision" as a system.The third chapter suspends the core theories of historical institutionalism and normative institutionalism in new institutionalism,and incorporates "quasi-legislative decision" as a system into the research of new institutionalism.The fourth chapter uses the analytical paradigm of historical institutionalism to examine the historical changes of "quasi-legislative decisions",analyzes the origin,transformation and development of "quasi-legislative decisions" from the background of the country’s grand system,and finds its path dependence and key nodes.The fifth chapter uses the theory of normative institutionalism,focusing on the logic of appropriateness,and at the same time borrowing the theory of institutional law to analyze the effectiveness and value of "quasi-legislative decisions",and explore the legitimacy of its existence and effectiveness.The last chapter is the conclusion part.