关于人民代表大会筹备组的研究
发布时间：2018-07-15 13:11
【摘要】：针对"辽宁贿选案"导致的辽宁省人大及其常委会不能履行职责的现实情况,全国人大常委会设立了辽宁省十二届人大七次会议筹备组。在中国宪法实施过程中多次出现的这种筹备组,可以类型化地称为人民代表大会筹备组。作为一种具有宪法意义的组织形式与制度雏形,人民代表大会筹备组的设立有宪法及法律上的依据。人民代表大会筹备组的权力主要是一种派生性、临时性、程序性的权力。人民代表大会筹备组需要处理好与同级人民代表大会及其常委会、选举委员会、上级人大常委会、同级党委的关系。当然,人民代表大会筹备组旨在应对的法理危机亦应当引起足够的注意。
[Abstract]:In view of the fact that the Liaoning Provincial people's Congress and its standing Committee were unable to perform their duties, the standing Committee of the National people's Congress set up a preparatory group for the seventh session of the 12th Liaoning Provincial people's Congress. This kind of preparatory group, which appears many times in the process of implementing the Chinese Constitution, can be classified as the Preparatory Committee of the people's Congress. As a constitutionally significant organizational form and system, the establishment of the Preparatory Committee of the people's Congress has constitutional and legal basis. The power of the Preparatory Committee of the people's Congress is mainly a derivative, temporary, procedural power. The Preparatory Committee of the people's Congress should handle the relations with the people's congresses at the same level and their standing committees, the election committees, the standing committees of the people's congresses at higher levels, and the Party committees at the same level. Of course, the legal crisis that the Preparatory Committee of the people's Congress aims to deal with should also be given sufficient attention.
【作者单位】： 首都经济贸易大学法学院;
【分类号】：D624
本文编号：2124184
[Abstract]:In view of the fact that the Liaoning Provincial people's Congress and its standing Committee were unable to perform their duties, the standing Committee of the National people's Congress set up a preparatory group for the seventh session of the 12th Liaoning Provincial people's Congress. This kind of preparatory group, which appears many times in the process of implementing the Chinese Constitution, can be classified as the Preparatory Committee of the people's Congress. As a constitutionally significant organizational form and system, the establishment of the Preparatory Committee of the people's Congress has constitutional and legal basis. The power of the Preparatory Committee of the people's Congress is mainly a derivative, temporary, procedural power. The Preparatory Committee of the people's Congress should handle the relations with the people's congresses at the same level and their standing committees, the election committees, the standing committees of the people's congresses at higher levels, and the Party committees at the same level. Of course, the legal crisis that the Preparatory Committee of the people's Congress aims to deal with should also be given sufficient attention.
【作者单位】： 首都经济贸易大学法学院;
【分类号】：D624
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，本文编号：2124184
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