论文部分内容阅读
中国立法机关的历史变迁经历了无常设立法机关、常设机构和群臣参与、立法权专属于特定机关三个时期。在法律本身是经义或礼仪的附庸那些年代,立法权并不专属,而是控权集团贯彻时势政策的附从机构;中国古代的司法权不独立于行政权,决定了立法产生的法律规范本身并不分立于其他行为规范。清末以降西方民权思想的引入,开始让中国人认识到人民主权理念支配下的立法权才是国家最重要的主权归属;举凡民政、财税、军政等整个社会生活都应由立法来规范,并且这些法律是能够得到充分地贯彻实施的;立法权开始专属于议会机关或类似代表机关。
The historical changes of the Chinese legislature have undergone three periods of impermanent establishment of the legislature, the permanent establishment and the participation of ministers, and the exclusive ownership of legislative power in a specific organ. In those times when the law itself was a vassal of righteousness or etiquette, the legislative power was not exclusive, but rather a subsidiary organ that controlled the group in carrying out current affairs policies. In ancient China, the judicial power was not independent of the executive power and determined the legal norms arising from legislation Itself is not separate from other codes of conduct. The introduction of the idea of reducing civil rights in the West in the late Qing dynasty started to allow the Chinese people to realize that the legislative power under the concept of popular sovereignty is the most important sovereign ownership of the country. The entire social life such as civil affairs, taxation and military affairs should be regulated by legislation and these The law can be fully implemented; the legislative power begins exclusively with parliamentary or similar representative bodies.