重庆理工大学学报2024，Vol.38Issue(22)：139-152,14.DOI:10.3969/j.issn.1674-8425(s).2024.11.011
人大主导立法的权力配置与制度完善
The power allocation and institutional improvement of legislation led by the People's Congress
摘要
Abstract
The legislative system led by the People's Congress is a characteristic institutional practice in the legislative field of China in the new era.It has gone through a development process of policy advocacy and legal confirmation,and has sufficient legitimacy and institutional space in the current legislative system.Its institutional practice has also been carried out successively.Previous studies have deepened the understanding of this system from different perspectives,but have overlooked elaborating on it from the perspective of constitutional power structure,resulting in a lack of unified constitutional basis in existing research and thus failing to effectively reveal main potential risks in the power allocation of current institutional practices.Based on normative stance,there is a risk of weakening the legislative subjectivity of the People's Congress and limiting the exercise of legislative power by the People's Congress and its Standing Committee in the internal allocation of legislative power led by the People's Congress.In the allocation of external power,the loose legislative order structure is the main form of risk.In order to maintain a coordinated and orderly constitutional order and achieve the institutional function of the People's Congress leading legislation,it is necessary to establish the concept of limited leadership.Under this guidance,specific optimization should be carried out from three aspects:strengthening the legislative leading position of the People's Congress and its Standing Committee,clarifying and refining the boundaries and rules of the People's Congress and its Standing Committee leading legislation,highlighting and improving the legislative review and supervision process.关键词
人大主导/权力配置/宪法结构/立法监督Key words
led by the People's Congress/power allocation/constitutional structure/supervision of legisla-tion分类
管理科学引用本文复制引用
赵智..人大主导立法的权力配置与制度完善[J].重庆理工大学学报,2024,38(22):139-152,14.基金项目
海南省研究生创新科研课题"法制统一视阈下海南自贸港法规变通权的行使规则研究"(Qhyb2023-43) （Qhyb2023-43）
