Legislative Technology And Its Application In The Local Legislation

In China, the legislation refers to the activities as a specific subject, based on certain terms and procedures, the usage of certain technology, formulation, approval and changes in law of this particular social norms. Legislative technology is followed by legislative activity in the methods and skills in general. While the technical aspects of legislation and legislative activities, attendant, but it is the legislative history of specialized research techniques did not last long, the Chinese legislature still at an initial stage of research, even if the legislative techniques of some of the basic theoretical issues, but also to be in-depth and toward scientific.The author engaged in local legislative work for more than ten years of work experience, both in theory and in practice both technical studies of local legislation is deeply profound, but also understand where the real need for clear legislative work and research technical issues, eager to practice-based of research on local legislation is rational knowledge and reflection.In this paper, the main method and tasks are: analysis, compiling the relevant documents, information, concepts and techniques to determine the legislative scope of the classification and analysis of the legislative function of location technology; study, summarized in the relevant laws, regulations, rules text, description of the legislative technology. The basic use of methods; combine actual work of local legislation, pointing out that China's current local legislation in the legislative technical application of the major defects and the causes and to propose legislation in the local legislation applicable to the theory of vision technology.This paper is divided into three parts:The first part of the discussion of legislation, local legislation, legislative technique is the idea of the legislative classification of technologies, functions, and in the local legislation applicable to the legislative technique were analyzed.Legislative techniques include the text of the legislative planning techniques, the rules of the legislative design technology, legislation, rhetoric technology. Each type of legislative technique is further divided into specific techniques, exist in the laws, regulations, rules and regulations of the text. Meanwhile, the local legislation in the title and provisions set embodies the specific names, specific legal protection for special areas, languages, more operational and so reflects the central legislation is different from the specific technical characteristics.The second part analyzes the China's local legislation in the legislative application of existing technology, the main problems and causes.In this section, an analysis of local legislation with the central legislation in the legislative technical common problems. First, the lack of legislative language specification, pervasive language was not standardized, mostly policy-oriented and declarative language, words with inappropriate, logical block-up, body style, inappropriate language, structure, defects and other problems; second is legislative intent, the lack of forward-looking or too ahead of has obvious pandering to the current nature of the policy, resulting in a lack of forward-looking legislation and local legislation is too far ahead of local economic and social development has not reached the appropriate level , then regulate the content of this legislation can not be effectively implemented on the ground; third, departmental interests tend to persist, the Legislative Council's hands leave the department to determine certain rights and powers of the content of the provision to set up and there will be expanded on the specific formulation of the right to avoid responsibility, while avoiding disadvantages of the idea, so that local legislation be reduced to a certain departmental functions of the product of the legal system, rather than make a need to manage or regulate the social activities fully integrated into the legal system.Secondly, in the second part of the analysis of local legislation in the legislative technically specific problems. First, local legislation relating to the name remains a widespread problem, particularly in the name of the local laws and regulations; second is the existence of structural "large" and the people were accustomed to local legislation, as national laws, administrative regulations or just an extension of the local legislation as a higher-level laws of "picking up and compensate." Give up the autonomy of the local legislation created the most important sexual function; three in the Legislative matters not copy each other competition, the lack of local characteristics, resulting in many parts of the legislation may not be suitable for the special needs of this place, the lack of strong local characteristics, hand, yes-fits-all can use a common standard; Fourth, local protectionism and pervasive in some areas for the protection of the interests of this region, particularly in the economic interests of the disregard of national legislation and policy provisions, and through legislative means to achieve the right within the external differential treatment. Analysis of the causes of these problems: First, the local legislature in the Legislative technically subject to national legislation, the long-term effects of too much emphasis on law "should not fine-coarse"; two local legislation as written is too such as policy principles, directions and stages , loss of standards, stability, and deterministic characteristics; Third, the drafting of local laws and regulations department, the draft regulations, the practice of local governments to make local legislation in the interests of the deflection and the spread of local protectionism; Fourth, laws, rules and regulations of the drafting, review, modify the course exists in many of the procedural deficiencies; five workers is a lack of professional knowledge of local legislation or technology does not control the legislature.The third part is focusing on improving the usage of our technology, the theory of local legislation the idea. First, the legislative model of innovation, according to the laws of local legislation, characteristics, functions, severely quality, be concise and conduct created legislation, regional legislation in the technical aspect of the model legislation to innovation and reform; second is to continuously improve the local legislation transparency and public participation, protect the people's participation in legislative activities through various channels, this is for local legislation to the technology from the content of an effective means of improving; third, through local legislation, improve the means and mechanisms to make up after the local legislation technology defect, through the impact assessment legislation and amendments, repeal hinder economic development and social progress of legal norms, achieving local introduce new legislation; fourth, focus on theoretical research and professional training to continuously improve the quality of the legislative staff in the business, from the legislative staff, selection and training, as well as legislative experience summed up in such areas as legislative efforts to build high-quality work force; fifth, local legislation drafted in a manner and style format of the standardized norms of local legislation drafted in a manner more specific, local legislation, as brief and concise, clear and specific, prepared without complex, practical, feasible; sixth, local legislative rules designed for scientific, rules designed to fully carry out analysis and demonstration, emphasizing the feasibility and maneuverability; seventh, of legislative language to be strict, standardized, and local legislation, they must use precise legal terminology to express provisions of the concepts and words, the legislative language to ensure that accurate, concise, easy to understand; 8eighth, is to explore the legislative drafting and directly commissioned the drafting of the new ways to reform the existing system of local legislation, specific local legislation status of an organ to enhance its independence and authority to explore directly by the local legislature drafted or commissioned scholars and experts in the drafting of local legislation, the drafting of the new mechanism.Through the discussion of this article, you can draw the following conclusions: whether legislators will be realized in social relationships, improve the legislation and technology are essential. Legislation itself is a resource-consuming activities, legislative workers in the legislation should be attached great importance of technological research to improve the legislative techniques to good shape, and the legislative proven technology, adoption of the necessary sum in the form of down, and applied to legislative practice, and ultimately improve the quality of legislation.