Research on the reform of legislation functions of the National People''s Congress, the People''s Republic of China

• Main Authors: Hsiao-Wen Huang, 黃曉雯
• Other Authors: 潘錫堂
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/05849810056693056283

碩士 === 淡江大學 === 中國大陸研究所碩士班 === 93 === Research on the reform of legislation functions of the National People’s Congress, the People’s Republic of China.Legislation is the primary authority of office to the people’s congress, in fact in many countries the legislative institution is the synonym of the western National Assembly. To the National People’s Congress of the PRC, legislation is also the most important and the most frequently exercised power among its authority of offices. For a long period of time, the procedures and the limits to the NPC’s legislation authority were grounded on the Constitution of People’s Republic of China and the National People’s Congress Constituent Act, while shaped founded on the summarization of past practice experience. The rules of debate of the NPC Standing Committee and of the NPC adopted in 1987 and 1990, respectively, has also preliminarily regulated the related legislative functions and procedures. Moreover, the reinforcement to the legislative power of the NPC in 1982 on the PRC constitution has enhanced the legitimacy of the PRC government, and the Legislation Act enacted in 2000 has made some more specific addresses to the legislation measures and legislative power. But what is the China Communist Party’s purpose of their guidance over the reformations of the NPC’s legislative power? If the purpose of the raise in some segments of the NPC’s legislative power, and the compression and integration of NPC’s organization frameworks is to enhance the legitimacy and validity of the sovereignty of the CCP over the China state, would the reformations, as a result, ultimately backlash the leading position of the China Communist Party? The reformations of the NPC, under the conduct and inspiration of the CCP, are they fundamental structural changes, or simply aimed to enhance the government’s legitimacy and to reform the operative law and order of the state machine? Under the unique notions of Democratic Centralism and the leadership role of the Communist Party, do the reformations of the NPC’s legislative power necessarily indicate that it now possesses more real power than it had before? The foundation of NPC is still founded on Marxism-Leninism, thus we wonder how far can the reformations reach under the socialist method that is dramatically different from the western parliamentary path? To which degree is the CCP willing to let go of its power? Or did the outcomes of the reformations have made the CCP even more justified of their control over the state’s legislation works? This paper mainly probes into the evolution of the legislative functions of the PRC’s National People’s Congress, and furthermore provides analytics and criticisms about the origins of the NPC legislation system and its legislative function, the struggle of legislative power between the NPC and the NPC Standing Committee, and the relations between the NPC and the CCP’s political sector.