The Prospecting Of Building The Legislation Assistant System Of Local People's Congress

The people's congress system is a fundamental political system of our country, while legislation is an authority of first importance of the people's congress. In our country, the Fifteenth National Congress of The Communist Party of China (CPC) proposed the strategy of"build a socialist country under the rule of law"; the Sixteenth National Congress of CPC aimed at"strengthen legislation and improve its quality and will have formulated a socialist system of laws with Chinese characteristics by the year 2010". With the restructure and development of the socialist market economy, the ceaseless appearing of new social relationships, the accelerating of social development and work dividing, and the advancement of science and technology all request for corresponding laws and better legislation technology. However, the members of local people's congress and its standing committee are mostly part-time, from different area, and not scientifically constituted in competence, especially lack of experts in law and economy. In addition, when deliberating bills, besides their experiences, they consult the source of information, most of which is provided by the legislative departments. The preference of those departments has a great effect on the decision of legislature. In fact, the leadership of those departments, which directly influence the quality and efficiency of legislation, is hard to meet the need of the development of modern legislation.Legislation assistant system, which develops accompanying the specialization of legislation and strengthening of legislature's function of the latter-day countries, is a legislative system to assistant the works of legislature. This system is comparatively common in western countries, and plays an important role in modern society, which is under the rule of law. Legislation assistant system is good for improving the technical and quality, the extent of scientific procedure of legislation, and provides a way of uniting of democracy and efficiency.Constructing Legislation Assistant System in local people's congress of our country to provide some help and services for the members of local people's congress and its standing committee when deliberating bills, is good for strengthen local people's congress'legislative function, and the system of people's congress. It could win through the non-legislative departments'preference, and assure the objectivity and impartiality. The system is helpful for the science and democratization of legislation.Since 2002, some local people's congresses, such as Chongqing, Shengzhen and so on, have tried the Legislation Assistant System out. It proofed to be beneficial in strengthening and consolidating the people'congress system; promoting the efficiency of the members of people's congress; improving the quantity and quality of local legislation; and enhancing the democracy of the legislation procedure. But through the practice, the system also exposed some disadvantages; such as lacking of corresponding manage system, without definite prescriptions of the assistant's prescriptions, responsibilities and status. It also has a hidden trouble of transferring the right of legislation. The unfamiliar with the work of legislation of legislation assistants, and the confusion of legislation assistants with legislative experts, makes the problem more serious. For the legislation assistant system is borrowed from western countries, different situations of our country decide that the transplant needs some adopting time. The problem is unavoidable. Objective attitude and analysis is helpful for resolving the problem, and constructing the legislation assistant system with Chinese characteristics.We have begun our practice, but it is far away from standardized, legislative, and systemized. We need to use foreign countries'experiences for reference, and quest for a legislation assistant system, which is suitable for our country. This essay will proof it in three aspects. 1.Constructing the system with both part-time and full-time legislation assistants. In our country, under the principal of human resources efficiency, it is a practicable way of recruiting legislative experts and establishing professional departments to provide professional legislative services and assistance for the members of people's congress. Generally speaking, professional legislation assistants provide collective services for legislature mainly, and individual services for committeeman subordinately. The equipping of part-time legislation assistants, which is more flexible than full-time ones, has the advantages of quota of people and cost. Contrary to full-time legislation assistants, part-time assistants are fit for the model of servicing part-time committeeman mainly, and legislature secondarily.2.Building and improving manage and working system of legislation assistants. Different for civil servant and its managing, the manage system of legislation assistant need to be suitable for attracting and aiding the law majors or related professions. Firstly, we need to establish a human resource manage system, which has evident regulations on legislation assistants'qualifications, prescriptions and responsibilities. Secondly, a special manage department needs to be set up to take charge of the recruiting, examining, managing, supervising and inspecting of legislation assistants.3.Establishing an effective restricting system. While legislation assistant system is setting up, a restricting system is needed for the right use of legislation assistants. This restricting system is also awarding for improving the integrative capabilities of committeemen. First, forming a working procedure system of legislation assistant to restrict their activities. Secondly, forming a responsibility system to censure assistants'misconducts. Thirdly, budgeting independently. Fourthly, increasing the rate of full-time members of people's congress.