Bill Drafting Models Dominated By People's Congress

Bill drafting is usually the act of drafting and drafting legal normative documents by the main body of legislative proposal or the main body entrusted by the legislature according to the legislative purpose and following certain procedures.As a preparatory stage for legislation,although the drafting of bills is not included in the formal legislative procedures,it always plays a necessary and basic role.It needs to be regulated through a clear system to avoid departmental interest in the legislative process.That is,government departments use the power to draft bills to infiltrate the powers and interests of their departments into the bills they draft.However,only the drafting of the draft laws of the National People's Congress and its Standing Committee and the drafting of the administrative regulations of the State Council have obtained certain standards.The administrative-led bill drafting model is the main bill drafting model currently applicable in our country.The reason lies in the inseparable historical origins of legislative power and government departments,which enabled the administrative organs to accumulate legislative experience and master systematic legislative techniques,and to obtain resource allocation,department coordination,public comment procedures,research and demonstration.It has the advantages of pushing into the legislative agenda and influencing the formal legislative agenda.However,this drafting model has always been unable to avoid the risks brought by the interest attributes of the administrative organs.In this regard,the government's legal institution presided over the drafting,and established systems for public consultation,department coordination,expert evaluation,and third-party evaluation of bill drafting,all from the perspective of diversified interests to reduce the risk of departmental interests,so as to realize the democratization and scientification of legislation.Take the drafting process of the Sports Law as an example.In view of its professionalism,the participation of sports administrative departments is inevitably required,but the interests of these departments cannot be avoided.Therefore,the drafting of the sports bill can adopt either the people's congress working institution bill drafting model or the government legal institution bill drafting model for the purposes of the externality and openness of public opinion.'The People's Congress Leading Legislationis is a fundamental measure to solve the departmental interest orientationb.But the role of NPC need to be strenghthen in the area of law-making.So does its Standing Committee.First of all,the realization of the NPC-led legislationshould be based on the drafting of the People's Congress-led bills.It should not rely solely on the review process to prevent the risk of departmental interests.Second,qualified subjects begin to play a leading role in the establishment and drafting of laws and regulations.Third,the National People's Congress should distinguish between legitimate and illegitimate interests of the department,and allow it to participate in the drafting of the bill based on the specific management issues of the department.Finally,selecting the appropriate bill drafting model promotes a high-quality legislative process.The bill drafting model of government legal institutions under the leadership of the National People's Congress emphasizes the neutrality,rich legislative experience and resource advantages of government full-time legal institutions;but its administrative responsibilities are broad and the ability to draft laws and regulations is limited.The leading role of the people's congresses and their standing committees at all levels can be achieved through direct participation in drafting or early intervention measures,including appointing personnel to participate in the drafting team,research and demonstration,and issuing written notices,inquiries,responses,mid-term inspections or evaluations for drafting regulations and establishing specific methods such as the dual-leader guidance system.The bill drafting model of the National People's Congress working organization under the leadership of the National People's Congress can eliminate the departmental interest tendency caused by the counterpart drafting of the department.However,the National People's Congress working organization needs to standardize the establishment,system,responsibilities,powers,and improve legislative capabilities to achieve its drafting to balance and coordinate with other job functions.In the bill drafting model of entrusted under the leadership of the National People's Congress,the entrusted party can complete the drafting of the bill without being affected by departmental interests.However,the entrusted party may have insufficient understanding of legislative intent,incomplete legislative research,insufficient legislative demonstration,and lack of legislative skills.The drafted bill has problems such as content plagiarism,ideal system design,insufficient operability,and lack of features.The NPC-led legislation under this model is embodied in the whole process of bill drafting entrusted led by the NPC,standardizing the judgment indicators of entrusted drafting projects,selecting qualified entrusted parties through competitive bidding,and establishing a public participation and draft quality evaluation system.The model of joint drafting bills under the leadership of the National People's Congress takes the form of a drafting group as the carrier,with staff from the National People's Congress and its Standing Committee as the team leaders,coordinating the drafting process,so as to achieve People's Congress-led legislation.This model aims to save legislative costs and improve legislative efficiency by absorbing diversified group members,preventing departmental interests,and coordinating multiple conflicts.However,these advantages need to be based on the guarantee of the legal system,the complete set of work institutions of the people's congress,the legislative ability of drafters,and the allocation of legislative resources.