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New NPC body to address law conflicts
(China Daily)
Updated: 2004-06-21 07:47

(Continued)

Its job is to review whether legislation or a government or court decision accords with the stipulations of the Constitution.

This is the latest effort by the nation's top legislature to address the problem of conflicting legislation, a hot topic among legal professionals for the past two decades.

Xu Zhiyong, a 31-year-old lecturer in the Law Department of the School of Humanities Law and Economics at Beijing Post and Telecommunications University, has made his own contribution to this development.

Together with two other scholars with law doctorates, Xu submitted a written appeal to the NPC Standing Committee to review the constitutionality of the administrative regulation on urban vagrant management after the brutal death of Sun.

The Law on Legislative Procedures stipulates individuals have the right to request the NPC Standing Committee to review conflicting legislation.

Xu attributed the success in abolishing the regulation to the wide coverage of Sun's death by the media, indicating that the current legislative review mechanism still has a lot of room for improvement.

"We hoped our action would activate such a response to the law and make the top legislature review the regulation worked out by the State Council," Xu said.

The abolishment of the regulation saved the NPC Standing Committee from having to review the legislation in accordance with law and somewhat eased the increasing pressure on the top legislature to honour its constitutional duty to safeguard legislative unity throughout the country.

"The result was good, although it ended in a typical Chinese way," he said, adding that social progress takes time.

"I hope the new agency will take citizens' suggestions seriously and respond to them promptly," Xu said.

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