중국의 기본법률과 비기본법률의 고찰

The legal system of China is the same as that of the continental legal system. The legal system is formed by the constitution, law, administrative regulations, and local law, etc. And the legislative power is exercised by the NPC, the representative body of the people. In China, due to the nature of the NPC system, legislative power is jointly exercised by the NPC and the NPC Standing Committee. Therefore, the law is divided into basic law and non-basic law, and the NPC enacts basic laws, and the NPC Standing Committee enacts non-basic law. The basic law is China's unique socialist legal system and has a very important position in China's legal form. The current constitution and legislative law use the professional concept of basic law, but they do not mention a clear definition of the concept of basic law and the scope and effect of basic law. As a result, the NPC has lost its leading position as a legislative body, and the NPC Standing Committee is actually exercising its leading position as a legislative body. This has a significant impact on the democratic legitimacy of the law. Therefore, it is necessary to clarify the concept, scope, and character of the basic law through amendment of the constitution and legislation. In addition, it is an inevitable phenomenon for the NPC Standing Committee to supplement and amend basic laws under the legislative system of China. However, the legislative power of the NPC, the highest authority, is often violated due to excessive exercise of the right to amend by the NPC Standing Committee. Therefore, it is necessary to control the right to amend the NPC standing committee by converting the formal supervision to actual supervision of the NPC.