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我国宪法序言明确规定,宪法是国家的根本法,具有最高的法律效力.但在实践中,宪法却没有完全确立起其应有的权利.究其原因,重要的一方面在于宪法规定本身还存在某些不足之处,从而影响了宪法的实施和宪法权威的确立.试以两个方面为例:一、全国人大立法权的行使问题立法权是全国人大最重要的职权.但人大在行使这一职权中,存在这样两个问题:其一,全国人大行使职权的形式主要是开会.但人大会期短,通常只有十五天左右,而列入议程的议案每次均在七件以上.即平均每两天至少要通过一项议案.在如此短的时间内要对一项议案尤其是法律议案进行全面、深入的了解、协商、审查、通过,恐伯专门法律人才也难以胜任.在表决时随大流和经常性一致通过就在所难免.全国人大代表并没有完全也无法按自己的真实意思来行使权力.其二,代表审议议案都是以选举单位组成选举团的方式进行.这样,在小范围内易达成共识,但就整体而言并没有得到很好的沟通,由于地区、部门、行业的不同而存在的差异不易得到全局的重视,且出现后也只能通过协商方式而非辩论方式来解决,而后者被证实是一种更为有效的方法.这样,议案的质量会受到不同程度的影响.
The preamble to our Constitution clearly stipulates that the Constitution is the fundamental law of the country and has the highest legal effect. However, in practice, the Constitution has not fully established its due rights. The reason is that the important aspect is that there are still some existing constitutional provisions Some shortcomings, thus affecting the implementation of the Constitution and the establishment of constitutional authority.Try two aspects as an example: First, the NPC’s legislative power of the legislative power is the NPC’s most important powers .But NPC is exercising this There are two problems in terms of their functions and powers: First, the form in which the NPC exercises its powers is mainly a meeting, but the shortening of the NPC session is usually only about 15 days, and the number of motions listed in the agenda is above seven in each case At least one motion must be passed every two days. In such a short period of time it is not enough to conduct a comprehensive and in-depth understanding of a motion, especially a legal motion. It is also difficult for competent legal professionals to try and negotiate, It is unavoidable that the NPC deputies will not be able to exercise their power in accordance with their own true intentions. Units form the electoral college .Thus, it is easy to reach a consensus within a small area, but it has not been well communicated as a whole. Differences due to different regions, departments and industries are not easily given the overall attention and After the advent, it can only be settled through negotiation instead of debate, and the latter has proved to be a more effective method, so the quality of the motion will be affected in varying degrees.