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今年全国人代会的一项重要成果是出台了慈善法,这是继去年全国人代会审议、通过立法法修正案后,全国人大连续两年行使立法权。相对于全国人大常委会频繁立法,人民代表大会的立法职能由沉寂渐趋活跃,是一个非常鲜明的改革信号。那么,究竟哪些立法权应当由全国人大行使?哪些立法权可以由全国人大常委会行使?对于这些追问的深入思考,已是当下法治建设不可回避的重大课题。
This year, one of the major achievements of the National People’s Congress is the introduction of the Charity Law. This is the second consecutive year that the NPC has exercised its legislative power after the National People’s Congress reviewed and approved the amendment of the Legislation Law last year. Compared with the frequent legislation of the Standing Committee of the National People’s Congress, the legislative functions of the people’s congress are gradually becoming more and more active from silence. This is a very clear sign of reform. So, what legislative powers should be exercised by the NPC and which legislative powers should be exercised by the NPCSC? Deep thinking on these questions has become an unavoidable major issue for the current rule of law.