Journal of Northeastern University(Social Science) ›› 2014, Vol. 16 ›› Issue (2): 182-188.DOI: -

• Law • Previous Articles     Next Articles

On the Legal Hierarchy of the NPC Standing Committees Legislation A Case Study of The Law of Application of Laws for Foreignrelated Civil Relations 〓

WANG Wei1,2   

  1. (1. School of Law, Hunan Normal University, Changsha 410081, China; 2. School of Law, Guizhou University of Finance and Economics, Guiyang 550025, China)
  • Received:2013-08-10 Revised:2013-08-10 Online:2014-03-25 Published:2014-04-17
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Abstract: To a large extent, the legal hierarchy of the NPC Standing Committees legislation is an issue of constitutionality. Although the promulgation of The Law of Application of Laws for Foreignrelated Civil Relations marked the official position of this act, it is necessary to discuss and research the constitutional controversy of legal hierarchy and legislation itself in that such constitutionality not only directly affects the implementation and effectiveness of this particular law in our current legal system, but also provides a case in point to analyze the displacement of legislation of the NPC Standing Committee. The fact that this act, which serves as a basic element of the private international laws and an important component of the future Civil Code, was enacted by the NPC Standing Committee rather than the NPC indicates there exist serious unscientific and irregular problems concerning the legislation of basic and nonbasic laws. Therefore, it is necessary to regulate such displacement of legislation at the levels of constitution and constitutionalism.

Key words: legal hierarchy, displacement of legislation, The Law of Application of Laws for Foreignrelated Civil Relations, constitutionality

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