Chine Legislative Consultant Mechanism In The Legislature

In China's legislative activities, there are three issues. First, accompanied by therapid development of society, more and more precise differentiation of the socialsphere appears, and different areas need professional and scientific adjustment. Butthe legislature's Professional Composition is unable to meet and will not meet thisdemand; Second, the legislation itself is a science. To improve the quality oflegislation needs the legislators with mature Legislative Technology. But China'slegislature hasn't been full of specialization and professional legislative staff, and in acertain period of time it will be difficult to achieve that. Third, governmentdepartment interest is continuing infiltrating into the law and regulations. Thelegislature provides a fair and justic platform for interest, but it is unable to guaranteethe effective containment of such improper benefits.To solve the first and second issues, the legislature needs to introduceintellectual support; To solve the third problem the legislature needs a neutral thirdparty with a neutral perspective reviewing and superving legislation. So, in practice,the legislature has taken three main coping mechanisms: legislative assistant,legislative institutions and legislative consultant. Three mechanisms, the model oflegislative consultant with external structure costs the smallest to solve the abovethree issues at the same time, introducing intelligence and consolidating,strengthening the legislature's neutrality status. In this paper, I will study thelegislative consultant mechanism, analyzing the texts, effects and its organization building.《People's Republic of China Legislative Law》and the provincial people'scongresses of the Legislative Council have provided legislative consultants a systemsupport, but all are"general", can not effectively protect their effective play. Thenational, provincial and larger cities'NPC Standing Committees should developinternal rules to regulate, rather than the mechanism of statutory and procedural. Inpractice, legislative consultant mechanism of legislative activity has produced acertain depth and breadth of the substantive effect of increasing the intensity andimpact. The content of these effects mainly performs as three categories- maintainingthe unity of legal system, clearing, responsibilities, rights and obligations, andensuring strict norms and regulations. This has provided sufficient legal basis andprofessional theory support to improve the legislative decision-making. And This hasplayed a substantive role to provide a strong support for raising the quality oflegislation, ensuring the legislative work on scientific and democratic. In theconstruction of the organization, the legislative consultant mechanism has two forms -"loose"and"think tank", and they should be complementary to make the fusion ofstability and flexibility."Think tank"should be short-term, diversified professionalcategories, to ensure neutrality. Legislative consultant mechanism should adoptcontinuity of the legislative session, legislative consultant non-dedicated and dynamicparticipation in the tracking of measures to ensure the effectiveness of its strong play.To realize the maximum positive value of the legislative consultants, legislativeconsultants'work can be"extended"to the day-to-day work of the National People'sCongress; To oversee the legislative consultants'acts, this mechanism should beequipped with an open mechanism, rather than implement of responsibility. Topositively guide the legislative consultants'acts, this mechanism should be equippedwith incentive mechanism, attending the importance of legislative consultants'ethics,promoting the honesty and integrity of academic ethics.