On The Bill Systems Of The National People's Congress And It's Standing Committee

Legislation is to make choice among various interests and it is the representative of social interests and will. Bill system objectively performs the function of "filter" and makes the bill that will ultimately entering into the formal legislation process and be discussed and voted mature enough to be legislated while dismissing those immature ones. The "filtering" process enhances the efficiency of legislature and makes the legislature dedicated to discuss and vote the bill, and bring the function of legislation into full play.To propose the bill is the first step of legislation process and the entrance of the legislation. The rule of bill system, which has some bottleneck effect and objectively affects whether or not the bill will enter into legislation process and its ultimate fate. Through the review of legislative operation of both the 8th and 9th NPC and its standing committee, the author tries to extend the view to both inside and outside the formal legislation process in order to gain a complete and panoramic review on how the bill system works. Therefore, we can find out problems and the way to resolve them.Through the study of the operation of the bill system, the author find that the original intention of system designer had not been realized and so many problems haveoccurred in this process as follow: void bill system, the state preference in bill censorship, forceless representative bill, impact of the legislative layout in informal procedure on the function of the bill system etc.The occurrence of such problems damaged the seriousness of system and led to the wrong operation of the power of NPC and its standing committee, which further weakened the democracy in legislation. In the author's opinion, the non-professional excessive effectiveness-oriented legislative idea and the over-planned legislation behind plus the resulted neglect and refusal of the "select" "eliminate" function of the bill system are the main reasons. Methods to resolve these problems are divided into two categories: mechanism beforehand and mechanism afterwards. The former should take measures on optimizing the system design, propelling the representative professionalized, rearranging the organizational structure of the legislation to enhance the effectiveness, strengthening legislation regulation of the practice of legislative layout arrangement and so on. The latter should pay attention to factors as the agility of legislative layout implement, enhancement of the dominant position of legislative, recuperation the lack of democracy in the proposal phase from the democracy in discussion phase and so on.Framework of this dissertation consists of three parts, the first part is the preface, introducing original intention and methods of writing; the second part is the body, which is made up of three chapters. The first chapter is the general introduction of the bill system, including definitions and function analysis; The second chapter is the body of the text that describes the operation of bill system, discovers the main problems and quest for the reasons contribute to it; the third chapter puts forward possible solutions. The third part of is epilogue, to summarize the whole dissertation.