| Drafting the bill is based step and necessary stage of legislation. Whether the way of drafting the bill is appropriate, is directly related to the quality of the bill. One standard of letting our legal being good law is the bill should serve the masses. So we must implement democracy from drafting the bill.The way of drafting the bill is specific form in drafting and closely related to the subject of drafting. In contemporary China, there are a large number of department drafting. Because of the unique position of the departments, their drafting can guarantee the quality of the bills and improve efficiency. But department drafting leads to local protectionism and departmental protectionism easily and damages the seriousness and authority of regulations and the unity of legal. Department drafting damages the image of People's Congress of China and government, and affects people's confidence of legal.With complete of legal system, there are many new ways of drafting the bill. Commissioned drafting,bidding drafting and other new ways begin to appear. These new ways advantage in many respects, but there are many defects such as low efficiency and so on. So we need a way that can combine advantages of every ways of drafting. So joint drafting came into being.Joint drafting needs many departments draft in common, and legislature should be in dominance. According to legislative intent and requirements, legislature's working body,government departments social organization,experts and other community stakeholders establish legislative drafting group, and complete drafting together after research and demonstration. This way of drafting not only abundantly uses advantages of the legislature and government departments, but also makes use of lawyers and experts.In legislative practice, there is no fixed formula for drafting the Bills. We should choose way of drafting depending on the actual situation of the Bill. No matter what kind of bill drafting approach, we should adhere to the National People's Congress's leading role in the drafting process and stick to mass line. It is only learning the views and suggestions from the public that we should draft the Bill which line with public opinion... |
