중국입법권 행사의 권한 문제 검토

Abstract

The National People's Representative System is China's fundamental political system, and it exercises the state's legislative power exclusively and exclusively. China's legislative powers, like most countries, are determined by the constitution and laws. According to the Chinese Constitution, the National People's Congress and the Standing Committee of the National People's Congress stipulate in principle that they exercise national legislative power. In addition, the National People's Congress, as the leading legislative body in China, has the power to enact and amend criminal, civil, state organizations and other basic laws, and also has the power to amend the constitution. The Standing Committee of the National People's Congress has the power to make and amend all other laws, except for the laws enacted by the National People's Congress, and During the closing period of the National People's Congress, the laws enacted by the National People's Congress can be partially secured and amended. Both the National People's Congress and the Standing Committee of the National People's Congress can exercise legislative power, but both have advantages and disadvantages. That is, the authority of the Standing Committee of the National People's Congress originates from the National People's Congress and is bound by the National People's Congress. Therefore, the legislative power of the National People's Congress has the status of the first legislative power and has full legislative power, but the legislative power of the Standing Committee of the National People's Congress is limited by the legislative power of the National People's Congress and has the second legislative power. However, when the Standing Committee of the National People's Congress exercised its legislative power, problems such as ambiguity in the concept of basic laws and other laws besides the basic laws, continuous expansion of legislative powers, and representativeness arise. Therefore, it is necessary to clarify the definition of the concept of the Basic Law, and it is necessary to control the exercise of legislative power of the Standing Committee of the National People's Congress through the supervisory authority of the National People's Congress over the legislative actions of the standing members of the National People's Congress. In addition, it is necessary to improve the election method as a way to secure the representation of the National People's Congress.