On the mandate of the NPC and the relationship between the NPC Standing Committee

People's congress system is China's fundamental political system, is the people to achieve the organizational form of state power, in our constitutional system has a decisive position in the [1]. As the representative of China's National People's Congress system, there is more than meeting short cycle and other factors, therefore, constitutional amendment in 1978, when the reforms around the NPC has been a heated debate. when there are two major reform program: a program is bicameral program that will reduce the National People's Congress more than a thousand people, and then divided into two houses meeting, another option is to not change the existing system of people's congresses under the premise of expanding the mandate of the NPC Standing Committee. The current constitution was adopted in the second scenario, the authority by expanding the way the NPC Standing Committee to strengthen The functions of the highest organ of state power [2]. Practice has proved that the second program for the orderly operation of China's National People's Congress system and the formation of our constitutional order has a very important role, however, expanded the powers of the NPC Standing Committee, in the country NPC and the NPC Standing Committee's authority relations, also produced a number of terms is unknown, ill-defined and other practical issues. Therefore, how to coordinate and define the mandate of the NPC and the relationship between the National People's Congress, China's National People's Congress system can become orderly operation of the premise of one of the factors.

First, the text of the Constitution of the NPC and the NPC Standing Committee and its terms of reference for the problem

In our present text of the Constitution, the NPC and the NPC Standing Committee, the provisions of the terms of reference were in the sixth twelve and sixty-seventh bar, therefore, in defining the mandate of the NPC and the NPC Standing Committee, we also must be based on text of the Constitution, the Constitution and Article sixty-sixty-seventh based on Article. but it needs to be noted that the text of the Constitution of the NPC and the NPC Standing Committee, not just the terms of reference provided in the Constitution and Article VI of the sixty-second seventeen, and in fact, other provisions of the Constitution also provides for the NPC and the NPC Standing Committee, pArt of the mandate. such as the Constitution stipulates that the fifty-eighth NPC and the NPC Standing Committee's legislative power, the Constitution ���� thirteen NPC's power of removal under the Constitution stipulates that the sixty-fourth National People's Congress the right to amend the constitution. And I study here for convenience, only the text of the Constitution and the Sixth Sixth twelve seventeen as the basis to analyze and define the relationship between the two powers.


NPC is China's highest organ of state power. The existing provisions of the Constitution of the main provisions of the NPC in terms of sixty-Constitution reads: "National People's Congress exercises the following powers: (a revision of the constitution, (b supervise enforcement of the Constitution, (c formulation and revision of criminal, Civil, national institutions and other basic Laws, (People's Republic of four elected Chairman, Deputy Chairman, (President of the People nominated under five, decided to Premier candidates nominated by the Prime Minister of the State Council decided to vice premiers, state councilors, ministers in charge of commissions, the Auditor General, the Secretary-General of the candidates (six elected Chairman of the Central Military Commission, Chairman of the Central Military Commission of the nomination, the decision of other members of the Central Military Commission candidates (Seven elected Supreme People's Court, (eight election of the Supreme People's Procuratorate, (September to review and approval of national economic and social development plans and report on the implementation plan, (x Review and approve the state budget and budget performance report , (xi alter or annul inappropriate National People's Congress Standing Committee's decision (approval twelve provinces, autonomous regions and municipalities build, (XIII decided to set up a Special Administrative Region and the system (fourth decides on war and peace problems, (fifth highest organ of state power should be exercised by the other powers. "

NPC Standing Committee is a permanent organ of the NPC. The current terms of reference of the Constitution of the main provisions of the NPC Standing Committee at the sixty-seventh Article: "The National People's Congress Standing Committee exercise the following powers: (an explanation of the Constitution and supervise the implementation of ( Second, the formulation and revision in addition to being formulated by the National People's Congress other than the Laws of Laws, (c in the National People's Congress in session, the NPC enacted partially supplement and amend the Law, but the basic Laws are not contradict the principle, (d interpretation of the law, (five in the National People's Congress session, review and approve the national economic and social development plan, the state budget in the implementation process must be part of the adjustment program, (vi supervise the State Council, Central Military Commission, Supreme People's Court and the Supreme People's Procuratorate, (g revoke the State Council that the Constitution, contrary to law and administrative regulations, decisions and orders, (h withdrawal of provinces, autonomous regions and municipalities with the organs of state power of the Constitution, laws and administrative regulations, local regulations and conflict resolution (nine in the National People's Congress session, the nomination of the Prime Minister of the State Council, the decision of Ministers, Commission, the Auditor General, the Secretary-General candidate, (ten in the National People's Congress inter- According to the nomination of the Central Military Commission chairman, the decision of other members of the Central Military Commission of the candidates, (xi according to Supreme People's Court of the draw, appointment and dismissal of vice president of Supreme People's Court, the judiciary, the Judicial Committee and the Military Court , (twelve of the Supreme People's Procuratorate of the draw, appointment and dismissal of the Supreme People's Procuratorate, deputy procurator general, prosecutors, members of the Committee and the Military Prosecutor's Procuratorate, and the approval of provinces, autonomous regions, municipalities directly under the People's Procuratorate of the appointment and removal, (j appointment and removal of the three decisions of plenipotentiary representatives abroad, (XIV decided to conclude treaties with foreign countries and the ratification and abrogation of important agreements, (fifth for military and diplomatic personnel of the titles and ranks, and other specific titles and ranks, (xvi regulations and decided to grant state medals and titles of honor (XVII decided to pardon, (eighth in the National People's Congress in session, if you encounter an armed attack on the State or to fulfill a common defense against aggression of international treaties, decides a state of war announced (xix decides on general or partial mobilization, (twenty to decide on or in particular provinces, autonomous regions and municipalities into the state of emergency, (the twenty-first National People's Congress other powers granted. "

Compared to many of the terms of the NPC, the NPC Standing Committee's mandate is more vast and complex, single-volume terms, 21 terms of the NPC Standing Committee National People's Congress on far more than 15 terms, which also reflects the fact existing constitutional powers of the NPC Standing Committee to expand the basic idea. from the point of view the provisions of the constitutional text, constitutional ���� twelve and sixty-seventeen of the NPC and the NPC Standing Committee, respectively, the terms of reference were provided, between the two Terms defined in terms of content and have to be stipulated by the Constitution, and thus the content and limits of its mandate should be clear and explicit. However, the NPC and the NPC Standing Committee, the complex relationship between the practice and the continuous progress of our Constitution, the NPC relationship between the NPC Standing Committee's mandate and in reality there have been many disputes and problems that focus on the performance of the following aspects:

First, the NPC and the NPC Standing Committee, some of the functions is unclear, unclear boundaries, in real terms has led to disorder in the exercise of the situation. This is the most typical example of the NPC's "basic law" of the legislative and NPC Standing Committee's non-"basic law" disordered exercise of legislative power. in accordance with the fifty-eighth article of the Constitution provides that "National People's Congress and National People's Congress Standing Committee exercise the legislative power" and therefore, as the Constitution defined exercise the legislative power of the organ, the NPC and the NPC Standing Committee is vested with legislative power. Despite the NPC and the NPC Standing Committee are entitled to legislative power, but in accordance with the provisions of our Constitution, the legislative level between the two is not the same. ���� twelve constitutional provisions is the third fundamental law of the legislative National People's Congress, the Constitution ���� seventeen third paragraph of the NPC Standing Committee is the basic law on non-legislative powers.���� twelve Constitution and the Constitution ���� third seventeen third of China's legislative system together constitute the legislative power in the dual structure model. The law passed by the legislature that will be artificially divided into the basic legal and non-basic two levels of legislative model law, many scholars have criticized that it caused confusion in our current legislative system [3]. Although the author of this legislative power does not endorse dual agency model, however, since the constitution of such requirements, we will respect the Constitution, the supreme authority to uphold the Constitution. Therefore, the author's analysis of the text from the tacit acceptance of this Constitution, legislative power of the legitimacy of the dual structure as a starting point, again based on this analysis, such legislation binary split right in practice difficulties. in accordance with the provisions of the Constitution, basic laws subordinate to the NPC's legislative power, not subordinate to the basic legislative power of the NPC Standing Committee law. According to this logical deduction, then the NPC to develop The law should be the basic law, the laws enacted by the NPC Standing Committee should be non-basic laws, but in fact it is not. In general, the "Basic Law" means developed by the National People's Congress's second only to the Constitution and the high in the other laws of the country's political, economic and social life, and overall a great area to regulate matters of the law. in the laws enacted by the NPC, many obviously do not belong to the "basic law", such as joint ventures Law, Sino-foreign cooperative enterprise law and foreign law, and the joint business income tax law, foreign enterprise income tax law, foreign invested enterprises and foreign enterprise income tax law and other laws [4]. Not only that, the practice appears to the the NPC basic laws enacted under the NPC Standing Committee into the circumstances .1979 in September, the Standing Committee of National People's Congress Law Committee, initiated the drafting of the PRC Civil Procedure Law of .1981 on the first December of the Fifth National People's the fourth meeting of Congress, approved in principle <<PRC Civil Procedure Law ("Draft>. Standing Committee of the Congress, according to mandate, in 1982, twenty-second meeting held to consider adoption <<China Civil Procedure Law of the People's Republic (trial>> and to publish the eighth orders, decided Oct. 1, 1982 from the trial. Civil Procedure Law (for trial implementation are the basic areas of the law, its development rights should belong to the National People's Congress, but authorized the National Standing Committee to develop. The same Also, as is a grass-roots mass self-organization of the law, the Organic Law of Villagers Committee adopted in principle by the National People's Congress, and the residents of the Organic Law by the NPC Standing Committee examined and approved directly [5]. Therefore, Because of the "basic law" do not have a precise meaning, in practice there have been the development of the basic law by the National People's Congress has delegated to the NPC Standing Committee to exercise, and the legislation of the NPC Standing Committee by the non-basic law, the NPC has to be pre-empt a vote. This has resulted in terms of the NPC and the NPC Standing Committee unclear boundaries is unknown, which makes the exercise of national legislative power in a state of disorder. This fact unconstitutional act constitutional text will result in the virtual home, to long for this and would seriously damage the authority and stability of the constitutional text.


Second, some of the NPC and the NPC Standing Committee, the existence of overlapping functions, leading to the main terms of reference is not clear, resulting in unclear responsibilities, powers were virtual technology. This is the most typical example of the imaginary constitution of the supervisory authority. In the constitutional system, the Constitution plays a very important role in supervision is to protect the constitutional authority to safeguard the fundamental constitutional order, and is also limited state power to protect the fundamental rights of citizens a fundamental way. Only damage to the authority of the Constitution, in violation of the constitutional order to monitor and correct the various acts, the Constitution of the nation's basic law function can eventually be achieved. Therefore, in the constitutional order of the build process, whether judicial power is respected priority of the common law countries, or believe in the supremacy of civil law parliament Department of State, without exception, established a constitution that suits its supervision system, such as the U.S. system of judicial review, the German constitutional court system, the French Constitutional Council system. China also attaches great importance to constitutional oversight functions, and this kinds of monitoring implementation of the Constitution grants the state power to the highest authority - the NPC and its Standing Committee. Constitution, sixty-control requirements NPC "monitor the implementation of the Constitution" and Constitutional Sixty-seventh paragraph of Article provides that NPC Standing Committee, "explained the Constitution and supervise the implementation." NPC and its Standing Committee as the national constitutional system, the absolute core position in the state of other organs under its supervision, therefore, the main effect of the constitutional supervision to limit in the NPC and its Standing Committee, other countries do not enjoy the constitutional supervision organs of natural rights. Although this kind of legislative oversight of the monitoring system is similar, the legal experts to give a greater amount of criticism, many scholars have called for the creation similar to the Constitutional Court or Constitutional Council of the special class of constitutional oversight body to monitor implementation of the constitution, however, since the text of the Constitution explicitly gives the Constitution to supervise the NPC and its Standing Committee, then we must accept such a requirement, the reasonableness of such provisions by default and as a logical origin to construct and develop our system of constitutional supervision. Therefore, I here focus only on a constitutional text meaning supervision, and that the provisions of a normative sense, trying to clear this thread kinds of normative significance of the text provided. from the text of the provisions of our Constitution, our country supervisory authority of the Constitution are the Constitution provides that the mandate of the NPC and the NPC Standing Committee, among which the supervisors of our Constitution that there are two: the NPC and the NPC Standing Committee. Although formal point of view, the supervisors increase supervision of the Constitution is more conducive to carrying out the practice, but in fact are often more diversified power caused by the main powers and responsibilities of the exercise of the virtual mutual excuse. because in the presence of the case of a principal authority, powers and responsibilities are clearly the main, if not as the main terms of reference or as inappropriate, then the main responsibility is very clear. But when there are multiple functions of the main case, often appears in relation to when the swarm and in the interests of accountability, when you need to buck-passing situation. Therefore, on the surface, the Constitution subject to dual oversight seems to favor the constitution in the form of better practice to carry out supervision, but in fact, This duality of the main design is not conducive to the Constitution would be more practical to carry out monitoring, supervision and development of our constitutional practice has fully demonstrated this point. from the adoption of the Constitution since 1982 has been 25 years of history, in the past 25 years in place a number of community events flagrant violation of the constitution, however, whether the NPC or the NPC Standing Committee has never been a constitutional supervision, has never been declared unconstitutional with the incident. The embarrassment of Constitutional Supervision Our Constitution is in fact the supervision of the main provisions of dualism are closely related.


Second, the National People's Congress NPC Standing Committee can certainly enjoy the terms of reference?

Constitution of the NPC and the NPC Standing Committee terms of reference, in addition to powers unknown, not clearly defined, terms of repetition, duties and other volatile issues, the practice of the most prominent of a theoretical problem is between the NPC and the NPC Standing Committee terms of the definition. in accordance with the basic principles of constitutionalism, the exercise of all public power must be clearly defined by national law as the basis. Since the Constitution sixty-second article of the sixty-seventh respectively provide for the NPC and the NPC Standing Committee Its terms, its terms must be that basis, which in theory does not seem to be a problem. but in practice it does not rule out the possibility of this situation: the Constitution should have authority exercised by the National People's Congress National People's Congress NPC Standing Committee is authorized to exercise or the exercise of the NPC Standing Committee to be himself, and another case is the Constitution could have been exercised in terms of the NPC Standing Committee, the NPC has to be exercised directly. In the first case, if there is a clear mandate from the NPC, the NPC Standing Committee exercise the supreme organ of power seems to have a legal basis, however, without authorization, the NPC Standing Committee is unable to exercise the powers of the NPC, which should be very clear principles . The problem is that the second case, the NPC can directly exercise their constitutional mandate to the National People's Congress?

Constitutional practice in China to have occurred in this case. For example, the provisions of our Constitution �ڰ�ʮһ��: "Chinese President on behalf of the People's Republic, a state activities, receiving foreign envoys, the National People's Congress Standing Committee's decision appoints or recalls plenipotentiary representatives abroad, ratifies and abrogates treaties concluded with foreign states and important agreements. "In this provision," concluded with foreign states ratifies and abrogates treaties and important agreements, "the authority is vested in the National Standing Committee In terms of the mandate of the NPC does not see the appropriate authority. Such provisions in the "<People's Republic of a treaty procedures Law"> also be fully reflected. second paragraph of Article III of the Act provides: "The PRC National People's Congress Standing Committee decided to conclude treaties with foreign countries and the ratification and abrogation of important agreements, "the first paragraph of Article VII:" treaties and important agreements approved by the National People's Congress Standing Committee decision. "Therefore, the combination of sixty-Constitution article���� seventeen, and <<the conclusion of the treaty process Law "> the relevant provisions, we can deduce of the ratification of treaties and important agreements and the abolition of the right of the NPC Standing Committee, not the NPC. But in the Sixth People's Republic of the Third National People's Congress meeting, the National People's Congress has considered the State Council for examination and approval <<PRC Government and the Government of the Kingdom of the Joint Declaration on Hong Kong> "(hereinafter referred to as <<Sino-British Joint Declaration > "motion, decided to approve the December 19, 1984 signed by the Government of China <<Sino-British Joint Declaration>>, including Annex I: <<PRC Government's basic policies regarding Hong Kong's specific instructions>>, Annex II : <"On Sino-British Joint Liaison Group>> and Annex III: <" On the land lease>>. by the National People's Congress to ratify the <<in the Joint Declaration>> led to a prominent issue is how to understand and Article Xianfa sixty relationship between the sixty-seventh section, how to no constitutional basis for the NPC to make the legality of that conduct. In this regard, some scholars have explained that the approval by the NPC <<Sino-British Joint Declaration>> The reasons are: first Although the statement is a bilateral agreement, under the Constitution sixty-seventh, eighty-one the relevant provisions of the NPC Standing Committee to decide and the ratification of treaties concluded with foreign states and the abolition of important agreements, President of the National People's Congress Standing Committee The decision to approve or repeal treaties concluded with foreign states and important agreements. As <<Sino-British Joint Declaration>> not a general sense of agreement, but a Special Administrative Region concerning the establishment and system agreements, the Constitution Sixth twelve of the relevant provisions of the "Decision on the establishment of the SAR system," the power belongs to the NPC. Secondly, although the Constitution does not expressly approved by National People's Congress has the power of treaties and agreements, but the nature of the NPC and NPC the relationship between the Standing Committee, the NPC should have the right to ratify treaties and agreements and review. Thirdly, according to the relevant provisions of the Constitution �ڰ�ʮһ��, President's decision only in accordance with the NPC Standing Committee approved the treaty and agreements . Therefore, the National People's Congress decided to approve the treaties and agreements without the approval of President. From the perspective of Constitutional Interpretation, the National People's Congress approved the <<Sino-British Joint Declaration>> of the terms and provisions of the Constitution of the National People's Congress, "the decision The establishment of the Special Administrative Region and the system "combines the terms to be systematic interpretation, can the maximum extent possible to eliminate the National People's Congress NPC Standing Committee, took the issue of unconstitutional powers, but in theory, this is still an urgent clarification. with this there is a similar interpretation of the NPC is entitled to constitutional issues, the legal experts are equally controversial, remain uncertain [6]. These problems are also related to the mandate of the NPC and the boundaries between the NPC Standing Committee. And NPC and the NPC Standing Committee in order to determine the relationship between the terms of reference must be on the relationship between the NPC and the NPC Standing Committee to be clarified. because the "terms of reference of the NPC Standing Committee to determine a firm is actually with the NPC National People's Congress the relationship between the Standing Committee "[7].


The relationship between the NPC and the NPC Standing Committee, are based mainly on the Fifth seventeen: "The PRC National People's Congress is the highest organ of state power. It is the permanent organ of the National People's Congress." Generally believed that the "National is a permanent organ of the NPC Standing Committee, is often the exercise of state power organs of state power, the exercise of legislative power of the body of the People's Republic of part of the highest authority. "[8] from the point of view the status of the two , the NPC and the NPC Standing Committee is a relationship between tolerance and being tolerant, as the National People's Congress NPC Standing Committee is a standing internal structure exists. if only as a National People's Congress NPC Standing Committee, a subsidiary of institutions, it would not exist between the terms of the problem, so, since the NPC Standing Committee attached to the NPC, and its terms can only be attached to the NPC, the NPC, the NPC Standing Committee's functions naturally enjoy. The problem is that the provisions of the Constitution in the National People's Congress NPC Standing Committee attached to the status of the same time, the sixty-second in the Constitution and Article seventeen pairs of terms of reference of the NPC and the NPC Standing Committee made a requirement, respectively, making the NPC Standing Committee Its terms are not derived from the National People's Congress, but from the direct authority of the Constitution. This makes the terms of the NPC Standing Committee on the source of power independent of the NPC, the NPC and the NPC Standing Committee will appear terms define the problem.


Thus, in terms of relations between the NPC and the NPC Standing Committee, the NPC Standing Committee on the particular source of authority on the path there are two explanations: one is that the internal separation of powers, and the other is a constitutional authority said. The part of the right to say that the terms of reference sources in the National People's Congress NPC Standing Committee, the internal separation of powers, "the establishment of National People's Congress Standing Committee, as its permanent body, is a part of it to exercise the powers given to the Standing Committee." [9] Since the National People's Congress NPC Standing Committee's mandate is divided by the form of separation of powers exercised by the NPC Standing Committee, then the NPC will certainly enjoy the power of nature, because these powers have always been part of the National People's Congress, but limited to the National People's Congress The way we work and time, no regular exercise in the real world, so only then divides the powers of their own to replace the exercise of the NPC Standing Committee. such as Professor Fan Jinxue to that: "the permanent organ of the NPC have all the powers, the National Congress can exercise naturally. "[10] and the constitutional mandate that the view that the NPC as a national authority with the National �˴�ί�� important part, with the State Council, the Supreme Court, Zuigao Jian, like other state organs, its mandate from the Constitution authorization. Since the mandate of the NPC and the NPC Standing Committee, the mandate comes from the Constitution, then they would strictly abide by the Constitution, the Constitution limits the exercise of powers conferred, and not from the constitutional basis for expanded explanation. I believe that Although the internal separation of powers that reveals the essence of the fact the NPC and the NPC Standing Committee, the source of power relations, but in the theory of justification, the author is more inclined to say that the Constitution authorized. the following reasons: first, as organs of state power, whether NPC or the NPC Standing Committee, its terms are derived from sources authorized by the Constitution. If the terms of reference that comes from the National People's Congress NPC Standing Committee's internal separation of powers, then the same could be further from where the terms of reference asked the NPC it? Therefore, the NPC and the NPC Standing Committee, are both derived from the Constitution's mandate. Second, although there is in fact the NPC and the NPC Standing Committee, a subsidiary relationship, but when the Constitution of the sixty-second article sixty seven were the terms of the NPC and the NPC Standing Committee to the provisions of the Constitution in the form of down time, then even the National People's Congress, but also to comply with the provisions of the Constitution, strictly abide by the constitutional mandate. If the terms of the NPC in the enjoyment of their own The course also enjoy the sixty-seventh article of the Constitution, the NPC Standing Committee's mandate, the Constitution is not necessary sixty-second article in the 15 powers of the NPC at the same time, and the sixty-seventh article of the National People's Congress Standing Committee terms of reference will be as many as 21, and can accommodate the terms of the NPC's functions and powers in terms of the NPC Standing Committee to go, but there is no need to detail the requirements were.


Third, the NPC and the principles defined in the mandate of the NPC Standing Committee

By the National People's Congress NPC Standing Committee is entitled to the terms of reference of course, the problem caused by a direct question is the mandate of the NPC and the NPC Standing Committee demarcation problem, only in theory, to clarify the mandate of the NPC and the limits of the NPC Standing Committee, the National terms of NPC and the NPC Standing Committee has a constitutional basis for the exercise was to have a legitimate basis. I believe that the mandate of the NPC and the NPC Standing Committee defined the following principles should be followed:

(A terms of legal principles. Is whether the principle of statutory powers of the NPC or the NPC Standing Committee, according to its terms of reference are clear provisions of the Constitution. Terms of legal principle is that under the concept of constitutionalism, the important principle of the exercise of public power. For the national public power, its power source, power content, and are a clear mandate from the law, there is no clear legal authority, any public exercise of power is illegal. and therefore the principle of statutory authority for the exercise of public power, it has two requirements: first, the "law without expressly prohibiting" principle, this principle requires the exercise of public authority must comply with the limits of the law, if no specific provision of the law, then the powers subject to any act can be, and the second "Power can not be presumed" principle, this principle requires the exercise of public power must be based on the provisions of law. law provides for enjoyment of the public authority which the main power, then the public authority which the principal can only have the power, for power, it can not be the presumption of power, can not believe that there is no legal basis in the case of convenience to the exercise of power that the power should be subject to legal rights not provided. It should be noted that no presumption of power and the Constitution provides that ���� twelve XV The NPC has the power to exercise "the highest organ of state power should be exercised by the other powers" between the relations. I believe that the Constitution ���� twelve fifteenth flexibility under the powers of the NPC, its essence remains the a constitutional mandate, not from the power of presumption. Links http://www.hi138.com Research Papers Download for the NPC and the NPC Standing Committee, the terms of the statutory terms of the principle means that only the National People's Congress to the Constitution based on Article sixty, the NPC Standing Committee can only be based on Article Sixty-seventh the Constitution, which has three main requirements: first, the main statutory powers. The Constitution ���� twelve and sixty-seventeen clear terms of reference given to the NPC and the NPC Standing Committee, which its terms can only be the main NPC and the NPC Standing Committee, other state organs, such as the State Council, the supreme law, the Constitution Zuigao Jian are not entitled to the sixty-second article terms of the sixty-seventh article. Second, the statutory authority of the content. The Constitution is amended the NPC sixty powers specifically authorized by the sixty-seventh the Constitution is amended terms of the NPC Standing Committee's specific mandate, which expressly license itself means the NPC and the NPC Standing Committee, statutory authority, its terms of content can only sixty-Constitution and Article seventeen basis. Third, the statutory responsibility of the principal. power also means responsibility , improper exercise of public power, the responsibility will inevitably lead to the production, when the Constitution of the sixty-second and Article seventeen expressly granted to the NPC and the NPC Standing Committee, while a variety of functions, which means that the NPC and the NPC Standing Committee improper exercise of authority must assume, not as a result of such responsibility.


(B constitutional presumption. Terms of legal principle means that the mandate of the NPC and the NPC Standing Committee, the mandate comes from the Constitution, can not act beyond the Constitution. But sixty Constitution and Article solved only seventeen NPC and the NPC Standing Committee, according to their mandates, the problem, not resolve the constitutional sixty and Article seventeen involved in terms of the NPC and the relationship between the NPC Standing Committee, this problem can be outstanding performance in the National People's Congress No, of course entitled to the NPC Standing Committee terms of reference. First of all terms of the NPC Standing Committee is the constitutional basis of the provisions of Article Sixty-seventh, sixty-natural does not enjoy constitutional mandate authorizes to the National People's Congress, which naturally is no doubt, but for Constitution of the NPC is of course entitled to the sixty-seventh article of the powers delegated to the National People's Congress, academia is controversial. In my opinion, the National People's Congress in the exercise of the mandate of the NPC Standing Committee should implement the principle of presumption of constitutionality [11] , as long as the National People's Congress in the exercise of powers is not clear violation of the principles and spirit of the Constitution, provided that such authority is not specifically authorized by the Constitution to the exclusive competence of the NPC Standing Committee, then the NPC can be presumed to act is the behavior of the NPC Standing Committee terms of reference constitutional. The reason for the exercise of the NPC Standing Committee of NPC, the conduct of authority stems from the presumption of constitutionality of the NPC and the NPC Standing Committee, the status of de facto relationships. Because the NPC Standing Committee is a permanent organ of the NPC is the internal part of the National People's Congress, which, in practice, is generally considered subordinate to the National People's Congress NPC Standing Committee. Since the NPC Standing Committee itself is subordinate to the NPC, its terms of reference is naturally subordinate to the NPC . So, in this relationship system, the National People's Congress can not exercise the mandate of the NPC, but the National People's Congress NPC Standing Committee has the mandate to exercise. However, the National People's Congress NPC Standing Committee to exercise their constitutional mandate is not cents unlimited, this exercise is subject to certain restrictions on proprietary principles.


(C specific exclusive principles. The so-called principle of a particular exclusive National People's Congress or the Constitution clearly identified as the mandate of the NPC Standing Committee can only be exclusive of all the NPC or the NPC Standing Committee are exclusive of all, the NPC or the NPC Standing Committee can not pre-empt, beyond the limits of their authority to exercise exclusive constitutional competence of other organs. There are two main principles of a particular exclusive: The first is specific to all the terms of the NPC, the NPC of these terms must be own dedicated all, but can not be transferred, or delegated to other bodies authorized to exercise. The second situation is specific to all the terms of the NPC Standing Committee. This situation is more special, because, according to the NPC and the NPC Standing Committee between the subtle relationship as a subsidiary of the terms of the NPC Standing Committee, National People's Congress can certainly enjoy. But the Constitution provides that the sixty-seventh, when the mandate of the NPC Standing Committee, but some of the functions provided by the NPC Standing Committee can only be designed to exercise, the underlying meaning is excluded from this part of the NPC's exercise of authority, the provisions of which is the most typical inter NPC Standing Committee to act as part of the mandate. For this part of the terms of reference, it can not default to the NPC can of course have to explain the grounds of the NPC Standing Committee can only be exclusive for all.


Note that the terms of legal principle, a constitutional principle of presumption of exclusive between principle and not a specific one isolated individual, there is a close among the logical relationship: the NPC and the NPC Standing Committee in terms of defining time, we must first follow the terms of legal principle, only in a clear constitutional basis for the case of the NPC and the NPC Standing Committee to have these powers. in the Constitution clearly gives the NPC and the NPC Standing Committee, after their respective terms, tight One problem is then whether the exercise of the National People's Congress NPC Standing Committee's mandate it? view of the constitutional system in China, the NPC and the NPC Standing Committee affiliation, for the National People's Congress NPC Standing Committee exercise the powers of behavior can not hastily identified as ultra vires or unconstitutional on, but should follow the principle of presumption of constitutionality, as long as no particular scene was unconstitutional, as long as there is no clear violation of the principles and spirit of the Constitution, the presumption of constitutionality should be implemented, such that the National People's Congress act is constitutional. in the conduct of the NPC when the presumption of constitutionality, we should note that some terms of the Constitution expressly granted the exclusive all the NPC Standing Committee, for this part of the National People's Congress can not exercise the functions and powers, and can only be interpreted all exclusive to the NPC Standing Committee. in the relationship between these three principles, the principle is the most important terms of a legal principle, the other two principles are carried out around this principle, can be seen as defining the NPC and the National Standing Committee terms of reference of the core principles. the principle of presumption of constitutionality can be seen as the principle of authority as a statutory modification or restriction so as to appear in reality the NPC Standing Committee National People's Congress, took the legality of acts powers of description. and Tedingzhuanshu principle is the principle of presumption of constitutionality is re-restricted, so that is the supreme organ of power is not unlimited, unrestrained, and it must follow a specific mandate Zhuanyou principle. Thus, by these three principles�IJ���ݽ�,��Ϊȫ���˴���ȫ���˴�ί��ְȨ�Ľ綨,���������˽���,������ְȨ��Χ.


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Notes:
[1]����:<<�ܷ�>>,�й������ѧ������2004���,��116ҳ.

[2]����:<<�л����񹲺͹��ܷ�ʷ>>,�������������2005���,��512ҳ.

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[7][9][12]�̶���:<<�ܷ�����>>,���ɳ�����2006���,��330��320ҳ.

[8]�����⡢����Ԫ:<<�й��ܷ�>>,���ɳ�����2004��,��362ҳ.

[10]����ѧ:<<�ܷ�����������>>,��<<�й���ѧ>>2004���6��.

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