Open Local Legislation For Public Comment On The Draft Empirical Research

The 17th National Congress of the Communist Party of China put forward clearly requires for scientific and democratic legislation. Opening for public comment draft legislation is an important way of the local legislature to achieve a goal of scientific and democratic legislation. Since the 90s of the last century, China's local legislature had to introduce the public to participate in the process of local legislation in the legislative practice. Now, this form is gradually become a normal practice around the legislation. Based on the practice of the city environmental management legislation of Shanghai, this paper carry out analytical studies in the practice of opening for public comment draft legislation from both theoretical and empirical with a propose to make some useful experience for future local legislative practice.This article is divided into four parts:The first part is a brief introduction of political and economic background; a brief analysis of Research Status in opening for public comment draft legislation at home and abroad; the study approach and the structure of this paper.The second part is the theoretical explanations of the local public consultation on the draft legislation. Through the interpretation and analysis of the concept of local legislation and other related concepts, this paper defines the object of study in this paper. This paper analyzes relevant theories target to make sense the significance and value of this new practice.The third part is a introduction of opening for public comment draft legislation practice both at home and abroad, such as United States, Britain, Japan and local legislature in our country, specifically the practice of Shanghai.The fourth part is a case study of the " Shanghai City Environmental Management Ordinance amendment (draft)". This part presents briefly this new practice mechanism of the Shanghai People's Congress Standing Committee, summarizes the Achievements and problems in this new practice in Shanghai and put forward some effective proposals to improve the future legislative mechanisms.