——? Lawrence Cobb
Text | Jiao Hongchang
Source | Postscript on Scientific Allocation of Legislative Power
A happy marriage.
One evening in the winter of 20 15, my brother Jiang Ming 'an called and said that there was a project called "Scientific Allocation of Legislative Power" in the base of the Ministry of Education in Peking University. I hope I can apply. In recent years, I have participated in the doctoral defense led by him, participated in the public law project presided over by him, and listened to his speeches at various conferences. I feel that Brother Ming 'an is a frank, enthusiastic and cooperative person, so I concentrated on collecting information, discussing the outline, writing the tender, accepting the evaluation, and finally got the project approval. 2065438+On June 7th, 2006, Brother Ming 'an invited Professor Luo, Sun, Zhu, Professor Jiang Jinsong to hold a demonstration in the East Gate Yard of Peking University.
In early summer in Beijing, a cool breeze was blowing gently, and at dawn, I came to the campus of Peking University. In the Little Square of Law School, Wang He and Zhang Shouwen were playing Tai Ji Chuan; On the unnamed lake, ducks and ducks paddle the waterline; On the tip of Boya Tower, wind chimes jingle; In front of the library, a pair of stone lions are facing the smiling faces of youth. I came to the meeting with excitement and saw that Mr. Ye of the base was directing the members of the research group to make preparations before the meeting.
The predecessors of the expert group are old acquaintances. They shake hands with each other, greet each other, talk about white hair on their heads and talk about obesity in their bodies. They are kind, natural and casual. The host is Brother Ming 'an. He is ruddy and energetic. He has a strong Hunan accent and introduces every elder. On behalf of the Department of Social Sciences of Peking University, Chloe Wang congratulated the opening ceremony and sincerely thanked the predecessors for coming to give lectures. I briefly reported the structure and thinking of the subject, and put forward the problems to be solved and the key and difficult points of the research.
Miss Zhu is my teacher. She was the first to speak. She pointed out that the research on the scientific allocation of legislative power should grasp the China nature of law and the modernization of state governance, coordinate the four dimensions of one country, two systems, three legal systems and four legal domains, carefully sort out the experiences and lessons in the allocation of legislative power after the founding of the People's Republic of China, and strive to adapt to the construction of the rule of law system in Socialism with Chinese characteristics and form theoretical and forward-looking results. She stressed that the essence of law is to replace the conquest of force with the logic of justice, so the system construction must keep up with the pace of human thought.
It is not easy for Mr. Guo Daohui to come, because he takes care of his wife Zhang Jingxian wholeheartedly. In order to attend today's meeting, he specially invited his daughter to take his place. Lao Guo said frankly that to study the scientific allocation of legislative power, we should emphasize the core role of legislative power. On the road of building a socialist country ruled by law by the party and the government, we must emphasize governing the country according to the constitution. In terms of the focus of legislative power, we should consider shifting the focus from economic legislation and administrative legislation to legislation to protect citizens' basic rights. At the same time, the distribution of legislative power should be concentrated on the leadership of the National People's Congress, not too much delegated to the government. To build a socialist legal system, we should not only pay attention to quantity, but also pay attention to quality, and highlight the function of legislation to protect civil liberties and rights. Lao Guo emphasized that legislation is the power of theory and administration is the power of practice. Only when ideas collide with each other will there be a flash of theory, which requires the wisdom and courage of the research group.
Mr. Zhang Chunsheng has been engaged in legislative work in the National People's Congress for a long time, with profound professional quality and rich practical experience. He said that the scientific allocation of legislative power should focus on domestic law and statutory law, and focus on answering the power boundary of different legislative subjects. In fact, the State Council's "principle of basis", the "principle of non-conflict" of local regulations and the "principle of flexibility" of ethnic autonomous areas are all stipulated in the Constitution, but the distribution of legislative power has not been answered scientifically. Therefore, it is necessary to deeply study the specific standards of scientific allocation of legislative power, and put forward suggestions for constitutional amendment to relevant departments when necessary. Especially for the principle of non-conflict, we should combine the nature, status, authority and relationship of state organs, form countermeasures and suggestions around several core issues, and reflect them to the competent authorities.
Mr. Sun has worked in the Legislative Affairs Bureau of the State Council for a long time and is deeply touched by legislation. He proposed that the scientific allocation of legislative power should be based on decentralization, and it is impossible to legislate scientifically without clear authority. This issue should be considered in the specific historical conditions of China. In practice, there is a tendency that the state power is sectorized, the departmental power is benefited and the departmental interests are legalized, so the research group should conduct in-depth research. At the same time, it is necessary to fully explain the reasons and basis for the scientific allocation of legislative power, and closely combine it with the practice of reform and development.
Professor Jiang Jinsong is an amphibious scholar who spans legislation and teaching. His three-volume German Parliament has a great influence in academic circles. He suggested that the research on the scientific allocation of legislative power should draw lessons from the theoretical resources of western classical thinkers, grasp the boundary between scientific legislation and democratic legislation, and pay attention to which measures are to strengthen scientific legislation and which measures are to strengthen democratic legislation, which is related to the research focus and direction of the subject. He said that law is the result of human experience and wisdom for common interests.
Professor Wang Leyan is a constitutional scholar in Mesozoic. He reminded the research group that to study the scientific allocation of legislative power, we should accurately grasp the relationship of "NPC leading legislation, legislative leading reform and legal reform", start with building a socialist legal system with Chinese characteristics and fully implementing China's constitutional supervision system, deeply grasp the research object, and form a legislative discourse system with China characteristics.
Professor Jiang Ming 'an finally made a speech, hoping that the research group would focus on three core issues: what is law, what is legislative power, and how to scientifically allocate legislative power. We should highlight the key points and difficulties, find out the real problems and explore solutions. We should pay attention to new problems in reform and development, such as collaborative legislation, military legislation, the relationship between party law and national law, and expanding local legislative power, and make in-depth research to achieve innovative results on time.
Mr. Luo went to attend a human rights conference first, and came here immediately after the meeting. He said, I am interested in legislation, I want to hear your opinions, and I want to meet my old friends. I have been thinking about it. After my last illness, I'm fine now, but my legs and feet are a little weak. I remember that I first met Mr. Luo in the mid-1980s. I graduated from college and stayed as a teacher. I often go to Peking University by bike to listen to Mr. Xiao's lecture on "The Birth of the Constitution in 1982" and Mr. Luo's lecture on "The Constitution and Political System of Capitalist Countries". It's been more than 30 years. Teacher Luo is burly, with silver hair and a low voice, but amiable. I thank him for coming. Today is a hero's party. Six gentlemen sat in the front, while others stood behind. We took a group photo of Zhang Zhengui.
Then, everyone moved to Zhili Hall for lunch. Teacher Luo said that drinking is not allowed at home, but I am very happy today and want to have a few drinks together. The old gentlemen raised their glasses to drink, and the atmosphere was warm, as if they were young again. Young students have raised their glasses, and their feelings are sincere, as if they had returned to their families. Wine is really a wonderful thing, and it gives people fun at the key time. Ai Qing vividly said: she is lovely, with a fire character and a water shape. She is a happy spirit.
On February 20 18 18, Mr. Luo died unfortunately. I am very sad. I followed Luo Zhimin and Cheng Xiezhong to my husband's apartment to offer my condolences.
20 19 when attending a meeting in Taiwan Province political university, Professor Weng mentioned in his speech that Professor Luo had passed away, and he was in tears. He said that this is a great loss for scholars of public law on both sides of the Taiwan Strait.
On the occasion that the scientific allocation of legislative power is about to arrive in Fu Zi, I sincerely thank the students of the research group, the predecessors who participated in the opening argument, the experts who participated in the closing defense, and Jiang Hao, deputy editor-in-chief of Peking University Press, and two responsible editors, Yang Yujie and Jin Zhenguo, for their selfless help and dedication, which enabled us to have this work and have a good relationship.
Attached book writing division of labor:
Introduction: Xi Wenzhi
Chapter 1: Jiangsu
Chapter II: Yang Jingzhi.
Chapter III: Gu Longyuan
Chapter four: Xie Libin
Chapter five: with Meng.
Chapter six: Liu Jiechao and Cao Shu.
Chapter 7: Zhang Zhihao.
Chapter 8: Jiangsu
In addition, Huang Yaxi, Liu Wang, Deng Siqi, Duan Qiong, Wang Jingyan, Zhang, Wu Xiyang, Huang Xinyi, Yu Wei, Chen Jialin, Wang Tianzheng, Pan Feng, Ma Xiao, Xu Hang, Wang Xinping, Li Kanggen, Jiang Jiangchang and Zhang Peng. Participated in the collection and discussion of information, and Zhang, Zhang and Fan participated in the school-wide work. In the past five years, there are many other research participants, so I want to thank them.
Public law issues that Mr. Luo paid attention to before his death.
, Sun,,, Zhu,, Wang? thunder
The work expected by the public law group.
Grasp the China nature of law and the modernization of state governance.
Carefully sort out the experience and lessons of legislative power allocation after 1949.
Strive to adapt to the construction of the rule of law system in Socialism with Chinese characteristics
-Theoretical and forward-looking achievements of China's research on public law.
Systematically answer the major issues of scientific allocation of legislative power in contemporary China.
A pragmatic work in line with China's reality
Apply research methods to the conscious work of the research object.
Innovative works bearing the mission of reform
catalogue
introduce
The first chapter is the principle of legislative power and its scientific allocation.
The first section? The essence of legislative power
Part two? The difference between legislative power, constitutional power and decision-making power on major issues
Part three? The meaning of "scientific allocation of legislative power"
Chapter II Leadership of the Party and Legislation of the National People's Congress
The first section? Constitutional analysis of the relationship between the party and the people's congress
Part two? The party's leadership over legislation.
Part three? The specific power of the party to lead legislation
The fourth quarter? Development and perfection of the party's leadership legislation
Chapter three? Scientific allocation of China's national legislative power
The first section? The main contents of China's national legislative power
Part two? An analysis of NPC and the National People's Congress Standing Committee (NPCSC)'s exercise of legislative power.
Part three? Suggestions on perfecting China's ethnic legislation
Chapter four? Scientific allocation of administrative legislative power
The first section? The State Council's administrative legislative power
Part two? Reform direction of legislative power distribution in the State Council
Chapter five? Scientific allocation of central legislative power under the background of expanding local legislative power
The first section? Historical investigation on the distribution of local legislative power in China
Part two? Analysis on the Current Situation of Central Legislative Power in China
Chapter six? Scientific allocation of legislative power from the perspective of regional integration
The first section? Two modes of scientific allocation of legislative power from the perspective of regional integration
Part two? Perfection of regional integration legislation in Beijing, Tianjin and Hebei
-From the integration of the central legislative model and the local legislative model.
Part three? Theory and Practice of Legislative Coordination in Guangdong-Hong Kong-Macao Greater Bay Area
Chapter VII Scientific Allocation of Legislative Power in Ethnic Regional Autonomous Areas
The first section? Legislative power in ethnic autonomous areas
Part two? Autonomous legislative power and general local legislative power in ethnic autonomous areas
Part three? Scientific allocation of legislative power and superior state power in ethnic autonomous areas
Chapter eight? Scientific allocation of military legislative power towards standardization
The first section? The normative basis of the allocation of military legislative power in China
Part two? Power Allocation in China's Military Legislation Practice
Part three? Characteristics and reform direction of military legislative power allocation
Postscript? A happy marriage.
Scientific allocation of legislative power
Jiao Hongchang/Editor in Chief
This book starts with the basic theory of legislative power allocation, such as the principle of legislative power, the significance, methods and standards of scientific allocation of legislative power. On the one hand, it scientifically expounds the fundamental and universal issues of the allocation of legislative power in China, such as the unity of party leadership and NPC legislation, the coordination of national legislative power and local legislative power, and the division of NPC legislation and government legislation. On the other hand, it focuses on the unique and emerging issues in the allocation of legislative power in China, such as regional integration legislative power, scientific allocation of legislative power in ethnic autonomous areas and military legislative power, and systematically answers major issues in the scientific allocation of legislative power in contemporary China, which has important academic value and positive practical significance.