Research On The Application Of Legislation "in Accordance With The Constitution,Enact This Law"

The use of the phrase "the law is formulated in accordance with the Constitution of the People’s Republic of China" in legal texts is a common legislative phenomenon in China’s legislative practice.However,through observation of the 282 currently effective laws,such phrase can be practically found with non-standard issues both in terms of the expression itself and the use of it.This kind of non-standard expression and use has greatly prejudiced the normative value of "the law is formulated in accordance with the Constitution of the People’s Republic of China",transforming whether to write this phrase in legislation from a normative issue into a factual issue.In many cases,it is only used as an war-proof shield allocated to avoid political disputes and a discourse strategy in the science of legal policy,and its connotation in hermeneutics is vague with only symbolic significance.This article believes that the phrase "the law is formulated in accordance with the Constitution of the People’s Republic of China" constitutes an important link connecting the Constitution and departmental laws.The standardized use of this phrase is not only a compulsory demand for scientific legislation,but also a necessary requirement for constitutional legislation.In its nature,the phrase belongs to a legally binding normative expression,along with three normative connotations: firstly,the legislative power of this law derives from the Constitution;Secondly,this law is a concretization of relevant provisions in the Constitution;Thirdly,when there are no specific provisions in the Constitution regarding the content of this Law,the basic principle of non-conflict with the Constitution must be followed.At the same time,by reviewing the history of the emergence and changes of “the law is formulated in accordance with the Constitution of the People’s Republic of China”,it can be found that this phrase has no "close relatives" relationship in the sense of legal transplantation with foreign countries that also cite the constitution as the legislative basis.It is a local resource that originates from China’s legislative practice and is extremely valuable.In addition,the results of empirical research also indicate that the non-normative phenomenon of this phrase in legislation is the result of the joint action of non-normative factors,such as legislator’s awareness,level of legislative techniques,specific political and historical factors,as well as normative factors e.g.legal hierarchy and constitutional basis.The legal hierarchy and whether there is a direct constitutional basis are two important factors that affect the use of this phrase.In view of this,this paper combines the results of qualitative and quantitative analysis to build a standard for the normative application of "the law is formulated in accordance with the Constitution of the People’s Republic of China",hoping to enhance the normative nature of this phrase,so that it can become an important indicator reflecting the implementation of the Constitution and a start button to conduct the Constitutional review.