Yesterday (March 8), as one of the important agendas of the Third Session of the 12th National People's Congress, the draft amendment to the Legislative Law was submitted to the General Assembly for consideration. This is also the first revision of the legislative law in 15 years.
The Legislation Law is a law of great concern to the people. According to the Baidu Search Index, the search index for the “Legislation Law†in 2013 was 297,954. By 2014, this number had surged to 337,345, an increase of 13.22%. The peak appeared during the 2014 National People's Congress Standing Committee's two draft amendments to the legislative law. The reporter of "Daily Economic News" learned that the reason why it receives such great attention is because the legislative law is closely related to people's lives. With the revision of the legislative law, things like the sudden release of real estate purchases by the city government, restrictions on the purchase of vehicles, and the increase in refined oil consumption tax may make you unprepared.
Local regulatory documents are limited At present, some local governments have introduced restrictions on vehicles and purchase restrictions. For example, Beijing has extended the restrictions on motor vehicles through the city government notice. Shenzhen City suddenly issued a notice to restrict purchases of motor vehicles at the end of last year. Less people are caught off guard. The "Daily Economic News" reporter learned that the draft has clearly stipulated that there are no laws, administrative regulations, and local laws and regulations, and local government regulations must not set norms that derogate from citizens, legal persons and other organizations or increase their obligations. There is no law or the administrative regulations, decisions, and orders of the State Council. Departmental regulations may not set norms that derogate from citizens, legal persons, and other organizations' rights or increase their obligations. They shall not increase the power of the department and reduce the statutory duties of the department.
Ma Huaide, vice president of China University of Political Science and Law, said that the current restrictions on purchases and restrictions imposed by local governments can basically be regarded as regulatory documents. The civil rights granted by many laws are restricted and eroded by regulations and normative documents. Regulatory documents restricting the rights of citizens, such as purchase restrictions and restrictions, seem to have a basis on the surface, but legally, there are no such powers for restricting or restricting purchases, whether they are regulations or normative documents. In fact, they violate the “legal authorityâ€. "in principle.
Jiang Mingan, a professor at Peking University and an expert in administrative law, believes that if “administrative management urgently needsâ€, some government notices should first make regulations, issue notices according to regulations, and then formulate local regulations through local people's congresses.
Another highlight of the draft amendment to the legislative law is that the tax cannot be said to be levied. It is clearly stipulated that the principle of "tax statutory" - the tax can not be said to be levied.
The draft amendment to the Legislative Law lists the exclusive legislative powers of “taxes†and stipulates that “the basic system for the levy, suspension and tax collection management of taxes†can only enact laws, that is, “tax lawsâ€. Hao Ruyu, deputy director of the NPC Financial and Economic Committee, said that in the current legislative law, taxation, finance, and finance are listed as the same matter. In fact, the tax is “submerged†in many general matters, failing to fully reflect the taxation. Some special status and role.
According to experts, the enactment legislation is very common in countries all over the world, because social life is very complicated. If all of them are concentrated in the legislature of the NPC, it is not enough to rely on the law, so it is necessary to authorize. However, there is a problem in China that the legislature authorizes the lack of specific deadlines and does not recover for a long time. The fuel tax increase not long ago was derived from the authorization of the National People's Congress to the State Council in 1985.
In this regard, the draft newly added provisions, the authorization decision should clarify the purpose, matters, scope, duration of the authorization and the principles that the authorized authority should follow in implementing the authorization decision. The period of authorization shall not exceed five years, unless otherwise specified in the authorization decision.
To clarify the power boundary and review the full text of the draft, this revision pays more attention to the protection of citizens' rights and interests, and further clarifies the boundaries of local government power. It clarifies that the Constitution, laws, regulations and rules strictly follow a certain level of hierarchy and reflect respect for the law. .
Among them, the draft amendment to the legislative law also imposes binding provisions on the judicial interpretation of being criticized as “secondary legislationâ€. On January 1, 2013, the revised Civil Procedure Law was officially implemented. Not long ago, the Supreme People's Court issued a judicial interpretation of the new civil lawsuit. This judicial interpretation, which is known as "the longest in history", has a total of 552 and 70,000 words, while the new civil lawsuit itself is only 284.
In response to this problem, the draft amendment to the Legislative Law stipulates: "The interpretations of the specific application laws in the trials and procuratorial work made by the Supreme People's Court and the Supreme People's Procuratorate shall be mainly directed at specific legal provisions and shall be in accordance with the purposes and principles of the legislation. The original intention. The draft also clarifies that the judicial organs and procuratorial organs other than the Supreme People's Court and the Supreme People's Procuratorate may not make interpretations of specific application laws.
Zhu Jingwen, a professor at the Law School of Renmin University of China, said: "In the case of more abstract and principled laws, judicial interpretation can play a role in bridging the lack of law, and it has greater operability in hearing cases. But in any case, judicial interpretation cannot Breaking through the provisions of the law is necessary to regulate judicial interpretation."
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