完善人民代表大会制度应遵循“职权法定”原则

Perfecting The People's Congress System Should Follow the Principle of “Power Stipulated by Law”

"职权法定"原则最初是一项行政法原则,但根据依法治国的法治要求,"职权法定"原则应当包括"职权宪定"的要求,所以,包括最高国家权力机关在内的所有国家机关都适用"职权法定"原则。依据"职权宪定"和"职权法定"的法治原则要求,全国人大也不得随意越权行使全国人大常委会依据宪法可以行使的包括制定基本法律以外的其他法律、法律解释和宪法解释的职权。鉴于"司法职权"的概念已经成为法治实践中的政策熟语,但却没有在宪法文本中明确加以体现,根据"职权法定"原则,应当及早通过宪法修改的方式将"司法"、"司法机关"和"司法职权"的概念写入宪法,以确保"职权宪定"原则得到彻底的遵循。

Originally the principle of ＂Power Stipulated by Law＂was a principle of administrative law, but according to the rule of law, the principle of ＂Power Stipulated by Law＇should include ＂Power Stipulated by the Constitution＂, and therefore the principle of ＂Power Stipulated by Law＂applies to all State agencies, including the highest organ of state power. Based on the principles of ＂Power Stipulated by Law＂and ＂Power Stipulated by the Constitution＂, the People＇s Congress shall not arbitrarily exercise such power as according to the Constitution may be exercised by the Standing Committee including superintending the law other than the basic laws, the interpretation of law and the Constitution. The ＂judicial power＂concept has become the policy idiom in the practice of law, but it has not been clearly reflected in the text of the Constitution, and thus on the principle of ＂Power Stipulated by Law＂, such concepts as ＂administration of justice＂, ＂judicial organs ＂, and ＂judicial power and functions＂ should be written into the Constitution as soon as possible by constitutional amendment to ensure that the principle of＂Power Stipulated by the Constitution＂is thoroughly followed.