The system and structure of the division of powers of the current legislative system in our country

A unified and hierarchical system for the division of legislative powers

1) The National People's Congress and its Standing Committee exercise the legislative power of the State. The National People's Congress formulates and amends criminal, civil, state institutional and other basic laws. The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the NPC is not in session, some supplements and amendments are made to laws enacted by the NPC, provided that they do not contradict the basic principles of the law.

2) ***, that is, **people** in accordance with the Constitution and laws, formulate administrative regulations.

3) The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government and their standing committees may, on the basis of the specific conditions and actual needs of their respective administrative regions, formulate local regulations on the premise that they are not in conflict with the Constitution, laws, or administrative regulations; The people's congresses and their standing committees of larger cities (including cities where the people of provinces and autonomous regions are located, cities where special economic zones are located, and larger cities that have been approved by the people) may, on the basis of the specific conditions and actual needs of the cities, and on the premise that they are not in conflict with the Constitution, laws, administrative regulations, and local regulations of the province or autonomous region, formulate local regulations and report them to the standing committee of the people's congress of the province or autonomous region for approval before implementation.

4) The people's congresses and their standing committees of the provinces and municipalities where the special economic zones are located may also formulate laws and regulations to implement them within the scope of the special economic zones in accordance with the authorized decisions of the National People's Congress.

5) The people's congresses of autonomous regions, autonomous prefectures, and autonomous counties also have the right to formulate autonomous regulations and special regulations in accordance with the political, economic, and cultural characteristics of the local ethnic groups, and to make adaptations to the provisions of laws and administrative regulations. Autonomous region's autonomy regulations and special regulations shall take effect after being submitted to the Standing Committee of the National People's Congress for approval, and autonomous prefectures and autonomous counties shall take effect after being submitted to the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government for approval.

6) Ministries, commissions, the People's Bank of China, the National Audit Office, and directly subordinate agencies with administrative management functions may, in accordance with laws and administrative regulations, decisions, and orders, formulate rules within the scope of their authority. The people of provinces, autonomous regions, municipalities directly under the Central Government and larger cities may formulate rules in accordance with laws, administrative regulations and local regulations of their own provinces, autonomous regions and municipalities directly under the Central Government.

The National People's Congress enacts and amends civil, criminal, state organs, and other basic laws, and the Standing Committee of the National People's Congress enacts and amends laws other than those that shall be enacted by the National People's Congress.

The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government and their standing committees may, on the basis of the specific conditions and actual needs of their respective administrative regions, formulate local regulations on the premise that they are not in conflict with the Constitution, laws, or administrative regulations.

The people of provinces, autonomous regions, municipalities directly under the Central Government and larger cities may formulate rules in accordance with laws, administrative regulations and local regulations of provinces, autonomous regions and municipalities directly under the Central Government.

The autonomous regions of the ethnic minorities have formulated autonomous regulations and special regulations.

The National People's Congress formulates and amends the Constitution.

The NPC formulates and amends the country's basic laws, such as the Criminal Law, the Criminal Procedure Law, the General Principles of Civil Law, the Administrative Procedure Law, and so on, and the NPC Standing Committee exercises its powers when the NPC is not in session.

Formulate administrative regulations.

All departments and directly subordinate administrative units shall formulate rules and regulations.

The provincial people's congresses and standing committees formulate local regulations.

Autonomous regions, autonomous prefectures, and autonomous counties have the right to formulate autonomous regulations and special regulations.

The Special Administrative Region shall have its own independent legislative power.

Legal analysis: The basic composition of China's legislative system is as follows: the National People's Congress and its Standing Committee exercise the power of national legislation, exercise the power to formulate administrative regulations, the local government exercises the power to formulate local regulations, and the autonomous region may formulate autonomous regulations and special regulations.

Legal basis: Constitution of the People's Republic of China

Article 58: The National People's Congress and the Standing Committee of the National People's Congress exercise state legislative power.

Article 89 *** Exercise the following functions and powers:

1) In accordance with the Constitution and laws, stipulate administrative measures, formulate administrative regulations, and issue decisions and orders;

2) Submit bills to the National People's Congress or the Standing Committee of the National People's Congress;

3) To define the tasks and responsibilities of the ministries and commissions, to provide unified leadership for the work of the ministries and commissions, and to lead the administrative work of a national nature that is not part of the ministries and commissions;

4) To lead the work of local state administrative organs at all levels throughout the country in a unified manner, and to stipulate the specific division of functions and powers between the state administrative organs of provinces, autonomous regions and municipalities directly under the Central Government;

5) To prepare and implement the national economic and social development plan and the state budget;

6) To lead and manage economic work and the construction of urban and rural and ecological civilizations;

7) To lead and manage education, science, culture, health, physical education and family planning;

8) Leading and managing civil affairs, public security, judicial administration, and other such work;

9) To administer foreign affairs and conclude treaties and agreements with foreign countries;

10) To lead and manage the cause of national defense construction;

11) To lead and administer ethnic affairs, and to guarantee the equal rights of ethnic minorities and the autonomy rights of ethnic autonomous areas;

12) To protect the legitimate rights and interests of overseas Chinese, and to protect the legitimate rights and interests of returned overseas Chinese and their relatives;

13) To change or revoke inappropriate orders, directives and regulations issued by ministries and commissions;

14) To change or revoke inappropriate decisions and orders of local state administrative organs at all levels;

15) To approve the regional division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and regional division of autonomous prefectures, counties, autonomous counties and cities;

16) Decide in accordance with the provisions of law to enter a state of emergency in some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government;

17) to examine and approve the establishment of administrative bodies, in accordance with the provisions of the law to appoint and remove, train, evaluate and reward and punish administrative personnel;

18) Other functions and powers conferred by the National People's Congress and the Standing Committee of the National People's Congress.

Legal analysis: The system of dividing the legislative powers of state organs in accordance with the provisions of the Constitution and laws is the legislative system. The system of legislative authority is about the establishment of a country's legislature and the division of legislative authority, that is, the system and structure formed by the division of authority for the creation of law, which includes both the system and structure of the division of authority for the creation of law and the local government, and also the system and structure of the division of authority for the creation of law between various state organs and local state organs.

Legal basis: Legislation Law of the People's Republic of China

Article 1: This Law is drafted on the basis of the Constitution, so as to regulate legislative activities, complete the national legislative system, increase the quality of legislation, improve the socialist legal system with Chinese characteristics, give play to the leading and promoting role of legislation, safeguard and develop socialist democracy, comprehensively advance the rule of law, and build a socialist country under the rule of law.

Article 2: This Law applies to the formulation, revision, and repeal of laws, administrative regulations, local regulations, autonomous regulations, and special regulations.

The formulation, revision, and repeal of departmental rules and local rules shall be implemented in accordance with the relevant provisions of this Law.

The core element of the legislative system is that legislation is for the public. The core of the legislative system is that legislative interpretation is wrong. The legislative system refers to the division of legislative powers, the establishment of legislative organs, and the exercise of legislative powers.

The legislative bodies of our country are the National People's Congress and its Standing Committee, which exercise legislative power on behalf of the state.

Its main manifestations are:The basic element of the legal system is the legal norms, which are divided into different legal departments according to the social relations and adjustment methods to be adjusted. So the legal system is the system of the legal department.

The basic elements of the legislative system are the legal documents composed of legal provisions, and the legal document system is only the written expression of the legal system.