A Study on Delegated Legislation in Mainland China and Discussion Article 13 of Legislation Law of the People's Republic of China Provisions on Temporary Adjustment or Cessation of the Application of the Law

• Main Authors: LEE,CHENG-HAN, 李承翰
• Other Authors: 許光泰
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/b7485h

碩士 === 東吳大學 === 法律學系 === 105 === Mainland China adopts a system of people's congresses for the integration of law and order.The National People's Congress, which is the highest authority in the country, enjoys the legislative power. But the actual operation of the National People's Congress on the legislative speed can not meet the real needs.The National People's Congress formulated the "Basic Laws", the Standing Committee of the National People's Congress formulated the "laws other than the ones to be enacted by the National People's Congress", the State Council enacted the "Administrative Regulations", the local people's congresses and their standing committees formulated the "Local Regulations, Autonomous Regulations ,Separate Regulations and regulations of the special economic zones".And the legislative power of the Standing Committee of the National People's Congress, the State Council, local people's congresses and their standing committees is based on the conferment of the National People's Congress to construct an authorized legislative system. As the legal system became more complete, the socialist legal system with Chinese characteristics was gradually constructed. However, the change of the society is always ahead of the change of legal system. In order to meet the needs of social reality, the reform measures need to break through the stipulations of the existing law and cause the conflict between the change of reform and development and the stability of legal system. In order to reconcile the contradictions between the two, the major reforms are made lawfully and the National People's Congress or its Standing Committee makes a decision to "temporarily adjust or stop the application of the law" in a specific geographical area for a certain period of time , Adjust or stop the application of the provisions of the law, by the practical operation of the results, as the future revision of the reference. Based on the development of authorization legislation, this article discusses the appropriateness of Article 13 of "Legislation Law", "Temporarily Adjusting or Stopping the Application of Law", and exploring the relationship between the two.