Earticle

초록

영어

This thesis focus on the exercise legislative competence of legislative authorities and legal problems in legislative procedures of the People’s Republic of China. Especially in the exercise of legislative competence, this paper review the role and function of the NPC(National People’s Congress) and SCNPC(Standing Committee of National People’s Congress), in this process, it will concludes other legislative authorities’ competence and function. That is not only conclude the NPC and SCNPC, but also the scope expand to the State Council, each People’s Congress, and Special Economic Zone.
The legislative power is one of the most important competence of the State legislative authorities. According to the Constitution and the Legislative Law, in principle, the NPC and SCNPC exclusively exercise the power of legislation. In legislative procedures, NPC presidium and SCNPC chairman meeting play central role. Actually the State Council and its component ministries and commissions are the potent force in China’s legislation.
Actually, Legislative principles of the Constitution and Legislative Law are very important and plays central role. But In generally, Constitution is characterized by generality and flexibility or skeletal. And even though the Legislative Law provides some exclusive articles about legislative competence, in many case, because of the NPC and SCNPC laws are skeletal, there exist large room for interpretation and clarification by administrative regulations and ministerial rules. In that result, the State Council exercise most of the legislative competence; National People’s Congress(NPC) legislative competence, eventually, there exist a dangerous that local rules or local regulations replace the NPC and SCNPC laws.

목차

Ⅰ. 서언
 Ⅱ. 중국 입법체계 일반론
  1. 입법체계의 내용상 특징
  2. 입법체계의 형식상 특징
  3. 입법기관과 입법권
 Ⅲ. 입법절차와 입법권 행사
  1. 법률안의 제출
  2. 법률안의 본회의 상정
  3. 법률안의 심의절차
  4. 법률안의 표결절차
  5. 법률의 공포절차
  6. 소결
 Ⅳ. 입법기관의 입법권 행사와 문제점
  1. 전국인민대표대회와 그 상무위원회의 입법권 행사와 문제점
  2. 국무원의 행정법규 제정과 문제점
  3. 지방성법규의 제정권 행사와 문제점
  4. 경제특구지역의 수권입법권 행사 문제
 Ⅴ. 결어
  1. 입법기관의 입법권 행사의 문제
  2. 중국의 입법제도와 과제
 ≪參考文獻≫
 Abstract

저자

• 정이근 [ Jeong, Yi Keun | 영산대학교 법과대학 부교수 ]

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