On the Quality and Status of Basic Laws and Laws——Querying the 7th and 8th Articles of the Legislation Law
Xue Zuo-wen
Abstract
Xue Zuo-wen
Abstract
According to the constitution and legislation law,it is the People's Congress of the People's Republic of China that has the power to enact basic laws,and other laws might be enacted by the executive committee established in the People's Congress.But both of the laws above all don't define the extent and boundary of legislation power owned by the two organs explicitly,which makes the division of legislation power and relation between them vague.Besides,the rank of validity between them is also not explicit enough according to the provisions of the constitution and legislation law.Thus,it contradicts the legislation principles,which require the unity of enacted laws in legality construction.In the article,through analyzing the source,quality and extent of legislation power owned by the two organs,the writer thinks that the differences between them lie in the quality and validity.Hence,a conclusion could be reached that the quality,content,extent and rank of validity between basic laws and other laws are different,too.However,such these differences are ignored in the legislation law,and so the induced impacts are to be negative.
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According to the constitution and legislation law,it is the People's Congress of the People's Republic of China that has the power to enact basic laws,and other laws might be enacted by the executive committee established in the People's Congress.But both of the laws above all don't define the extent and boundary of legislation power owned by the two organs explicitly,which makes the division of legislation power and relation between them vague.Besides,the rank of validity between them is also not explicit enough according to the provisions of the constitution and legislation law.Thus,it contradicts the legislation principles,which require the unity of enacted laws in legality construction.In the article,through analyzing the source,quality and extent of legislation power owned by the two organs,the writer thinks that the differences between them lie in the quality and validity.Hence,a conclusion could be reached that the quality,content,extent and rank of validity between basic laws and other laws are different,too.However,such these differences are ignored in the legislation law,and so the induced impacts are to be negative.
Key concepts: Legislation, Law, Constitution, Principle of legality, Political science, Quality (philosophy), Power (physics), Quantum mechanics