| The compound structure of the legislative-executive relationship in Chinese Constitutional Law, which came into being with the establishment of the Standing Committee of National People's Congress (NPC), has the function of reconciling the tension between democratic legitimacy and the working capacity of state organs. It is composed of two kinds of legislative-executive relationship, one is between the NPC and the State Council, and the other is between the NPC Standing Committee and the State Council. The former embodies the combination of legislative and executive power, whereby the State Council is subordinate to the NPC, while the latter, in which the State Council is not subordinate to the NPC Standing Committee, transcends the combination of legislative and executive power. In this compound structure, the NPC, as the source of democratic legitimacy, transmits democratic legitimacy to its Standing Committee and to the State Council separately and vests the daily legislative and executive functions on the NPC Standing Committee and the State Council, which have better working capacities. The emergence of the compound structure of the legislative-executive relationship in Chinese Constitutional Law has enriched the theoretical connotation of the principle of democratic centralism and laid a constitutional foundation for the legislation based on the functions and powers of the State Council. |
京公网安备11010102006664号 京ICP备2023015853号