중국의 입법기관과 입법권 행사상의 문제점

Abstract

This thesis focus on the exercise legislative competence of legislative authorities and legal problems in legislative procedures of the People’s Republic of China. Especially in the exercise of legislative competence, this paper review the role and function of the NPC(National People’s Congress) and SCNPC(Standing Committee of National People’s Congress), in this process,it will concludes other legislative authorities’ competence and function. That is not only conclude the NPC and SCNPC, but also the scope expand to the State Council, each People’s Congress, and Special Economic Zone. The legislative power is one of the most important competence of the State legislative authorities. According to the Constitution and the Legislative Law, in principle, the NPC and SCNPC exclusively exercise the power of legislation. In legislative procedures, NPC presidium and SCNPC chairman meeting play central role. Actually the State Council and its component ministries and commissions are the potent force in China’s legislation. Actually, Legislative principles of the Constitution and Legislative Law are very important and plays central role. But In generally, Constitution is characterized by generality and flexibility or skeletal. And even though the Legislative Law provides some exclusive articles about legislative competence,in many case, because of the NPC and SCNPC laws are skeletal, there exist large room for interpretation and clarification by administrative regulations and ministerial rules. In that result, the State Council exercise most of the legislative competence, eventually, there exist a dangerous that local rules or local regulations replace the NPC and SCNPC laws.