The Research Of Bill Deliberation System

Law is the important tool of governing the country,and the appropriate law is the premise of effective governance.The Constitution and the legislative law of our country stipulate that the National People's Congress and its Standing Committee exercise state legislative power.In legislative practice,the legislative work of the Constitution and a few basic laws is implemented by the National People's Congress,and rest of the legislative work at the national level is mostly undertaken by the Standing Committee of the National People's Congress.The Standing Committee of the National People's Congress,which undertakes most of the legislative tasks,has four parts in its legislative process:putting forward a bill,deliberating a bill,voting on a bill,and promulgating a law.The deliberation system of bills refers to the activities that the Standing Committee of the National People's Congress and its members deliberate and discuss the draft law proposed by the main body of the proposal and decided to put it on the agenda through dialogue,discussion and debate.The deliberation of bills is a special activity of the Standing Committee of the National People's Congress to examine,discuss and debate the draft law proposed by the proposer.In the Legislative law of the people's Republic of China,article 29,states:The main body with legislative power mainly refers to the Standing Committee of the National People's Congress,the object of deliberation mainly refers to bills,the deliberation procedure is mainly deliberated by the Standing Committee of the National People's Congress for three times,and the ways of deliberation include plenary meeting,group meeting and joint group meeting.It can be found by researching the legislative history that the enactment of the Legislative law of the People's Republic of China in 2000 established the procedure of the third instance with Chinese characteristics,and forming a system of combining special deliberation with unified deliberation According to practical experience,the amendment of the legislative law of the People's Republic of China in 2015 has improved many aspects of the legislative process,such as reducing the number of deliberation of a single-adjustment bill,improving the democratic system of bill deliberation and increasing the system of pre-legislative evaluation.In the process of bill deliberation,we should consider,combine and balance the legitimate rights and interests of different interest groups.The interests of various groups can be roughly balanced through rational and proper game and coordination.The deliberation of bills is the core element in the legislative process of the Standing Committee of the National People's Congress.The deliberative subject of the system includes the substantive subject and other participants.Usually,a bill should go through the process of the third instance,in which the first instance hears the explanation of the proposer,the second instance hears the report on the amendment and main issues,and the third instance hears the report on the deliberation result of the draft law.The time of instances can be more than three if no agreement has been reached.Under special circumstances,a bill may be submitted to vote after twice Standing Committee meetings.If the opinions of all parties are relatively consistent,the bills that ar esingly adjusted or partially modified may also be submitted to vote after being deliberated by the first Standing Committee meeting.The Standing Committee of the National People's Congress has summed up a complete set of procedures and effective methods for deliberation of bills,which play an important role in vigorously promoting legislation according to law,further promotion of democratic legislation and scientific legislation through a long period of experience.Especially,the Legislative law of the People's Republic of China has issued the practice of solidifying the experience of bill deliberation,which makes the bill deliberation have legal basis so that it can be deliberated legally.In the deliberation of bills,we also implemented the concepts of the People's Congress:allowing more subjects to participate in the deliberation process and express their opinions in order to constantly strengthening democratic deliberation.We often use a variety of deliberation methods and increase the number people who attend the National People's Congress Standing Committee meetings to continuously increase the elements of scientific deliberation in practice.However,there are still many problems in the deliberation of bills in China,such as the lack of the ability to deliberate bills,the imperfection of the deliberation procedures and methods,etc.There are four following points to be paid attention to in order to solve the problems existing in the bill deliberation system.Firstly,it is necessary to analyze the procedure,subject,duration and discussion principles of the deliberation system in Japan,which is similar to that in China.After analyzing the advantages and disadvantages,we can learn from three aspects:focusing on the process of the Committee,making good use of various auxiliary systems and straightening out the relationship among the main bodies.Secondly,It is to implement the principle of deliberation on bills and strengthen the party 1 eadership.When the Standing Committee of the National People's Congress deliberates,in order to establish the "representativeness" of deliberation and the "authority" and "legitimacy" of voting,it should abide by the principle of reaching the quorum,discussing one thing at a time,not discussing another matter again,deliberating openly and deliberating prudently.Thirdly,in the process of deliberation,we should enhance the ability of bill deliberation,put the key of legislation led by the National People's Congress on the deliberation of bills,and join the deliberative and debating mechanism,strengthen the formal rationality of deliberation,improve the quality of the Standing Committee members' deliberation opinions,and enhance the legal level of the Standing Committee members,so as to free the members of the Standing Committee from the complicated affairs and concentrate on the deliberation work.Last but not least,the deliberative procedure should be optimized.On the basis of strictly abiding by the deliberation procedures of bills,we should optimize the unified deliberation mechanism,establish a restraint mechanism among various committees,and enrich the form of bill deliberation.