The Name And The Reality Of Temporary Law Of China

The temporary law refers to the laws,regulations and rules with "provisional" or "trial"in the name.However,the temporary law is not mentioned in the Legislative Law,the Regulations on the Procedure for the Formulation of Administrative Regulations and the Regulations on the Procedure for the Formulation of Regulations are also.There is no special temporary law system.The most obvious problem of the Interim Law is that its name is not standardized.The temporary law plays an important role in alleviating the contradiction between reform and legislation,but its existing problems have not attracted enough attention from the academic community.In the first part of this paper,the two concepts adopted by the academic community are evaluated and analyzed respectively,and the reasons for choosing the "temporary law" as the title are explained.Then,the definition criteria of the temporary law are proposed from five aspects.The second part inspects the operation of the provisional law,and concludes that the legislative body of the temporary law is expanded,partial to administrative and localized;The content closely follows the development and changes of the times;The legislative procedure is the same as the general legislation;The time effect is temporary for a long time;The forms of provisional legislation mainly include authorized legislation,pilot legislation and power legislation.On this basis,the author puts forward the problems of nonstandard use of the name of the temporary law,lack of legislative basis,long-term temporary and inadequate legislative purpose.In the meantime,this part will analyzes the reasons.The third part aims to solve the problem.Under the background of reform,the demand of each subject for legislation is increasing.It is suggested to increase the authorized subject and divide the temporary legislative authority of each subject at the same time;Standardize the legislative procedures of the interim law and put forward special restrictions on the interim legislation and strengthen the review of the filing of the temporary law;We will accelerate the construction of the temporary law transformation mechanism,improve the information feedback mechanism,the evaluation of temporary law,and clarify the criteria for judging the maturity of conditions.