中国现行宪法在保持稳定的同时,随着改革开放和社会主义现代化建设事业的推进而与时俱进、不断完善,及时将实践证明是成熟的重要经验、原则和制度写入宪法,充分体现了中国改革开放的突出成果,体现了中国特色社会主义建设事业的伟大成就,体现了社会主义制度的自我完善和不断发展,为改革开放和社会主义现代化建设提供了根本保障。
中国宪法在中国特色社会主义法律体系中具有最高的法律效力,一切法律、行政法规、地方性法规的制定都必须以宪法为依据,遵循宪法的基本原则,不得与宪法相抵触。
The Constitution has supreme legal authority in the socialist system of laws with Chinese characteristics. All laws, administrative and local regulations must be made in accordance with the Constitution and follow its basic principles, and must not contravene the Constitution.
The laws are the main body of the socialist system of laws with Chinese characteristics. The Constitution stipulates that the NPC and its Standing Committee exercise the legislative power of the state. The laws formulated by the NPC and its Standing Committee are the main body of the socialist system of laws with Chinese characteristics, and deal with matters of fundamental and overall importance to national development and those which affect the country's stability and long-term development. The laws are the basis of the nation's legal system, and must not be contravened by administrative or local regulations.
法律是中国特色社会主义法律体系的主干。中国宪法规定,全国人大及其常委会行使国家立法权。全国人大及其常委会制定的法律,是中国特色社会主义法律体系的主干,解决的是国家发展中带有根本性、全局性、稳定性和长期性的问题,是国家法制的基础,行政法规和地方性法规不得与法律相抵触。
立法法规定了全国人大及其常委会的专属立法权。全国人民代表大会制定和修改刑事、民事、国家机构的和其他的基本法律;全国人民代表大会常务委员会制定和修改除应当由全国人民代表大会制定的法律以外的其他法律,在全国人民代表大会闭会期间,可以对全国人民代表大会制定的法律进行部分补充和修改,但不得同该法律的基本原则相抵触。立法法还规定,对国家主权的事项,国家机构的产生、组织和职权,民族区域自治制度、特别行政区制度、基层群众自治制度,犯罪和刑罚,对公民政治权利的剥夺、限制人身自由的强制措施和处罚,对非国有财产的征收,民事基本制度,基本经济制度以及财政、税收、海关、金融和外贸的基本制度,诉讼和仲裁制度等事项,只能制定法律。
The Law on Legislation ensures exclusive legislative power to the NPC and its Standing Committee. The NPC enacts and amends basic laws governing criminal offences, civil affairs, state organs and other matters; the Standing Committee of the NPC enacts and amends laws other than the ones to be enacted by the NPC. When the NPC is not in session, it may supplement and amend laws enacted by the NPC, but must not contradict the basic principles of such laws. The Law on Legislation also stipulates that the following must be governed by law: affairs concerning state sovereignty; formation, organization, and functions and powers of state organs; the system of regional ethnic autonomy; the system of special administrative regions; the system of primary-level self-governance; criminal offences and their punishment; mandatory measures and penalties involving deprivation of citizens' political rights or restriction of the freedom of the person; requisition of non-state-owned property; basic civil system; basic economic system; basic systems of fiscal administration, taxation, customs, finance and foreign trade; systems of litigation and arbitration; and other affairs.
The laws enacted by the NPC and its Standing Committee establish the important and basic legal systems in the nation's economic, political, cultural, social and ecological civilization construction, are the main body of the socialist system of laws with Chinese characteristics and provide an important basis for the formulation of administrative and local regulations. Administrative regulations are an important component of the socialist system of laws with Chinese characteristics. The State Council formulates administrative regulations in accordance with the Constitution and laws, which is an important form of the State Council's implementation of its responsibility endowed by the Constitution and laws. The administrative regulations may regulate matters concerning the implementation of the provisions of the laws and performance of the administrative functions and powers of the State Council. For matters that shall be governed by laws to be formulated by the NPC and its Standing Committee, the State Council may enact administrative regulations first in its place with authorization from the NPC and its Standing Committee. The administrative regulations occupy an important position in the socialist system of laws with Chinese characteristics by detailing the related systems stipulated by laws, elaborating and supplementing the laws.