Explore The Legislation Plan's Effect Of Implement

Legislation plan means the aim, measures and step deployment of legislation, made by legislative subject, in a given period. All above have to follow the Party's principles and policies; national economic and social development plan; and the base of scientific legal prediction. Since the legislation plan of 8th NPC Standing Committee, there have been five more. The operation of legislation plan system plays an important and serious role in the project enforcement and quality improvement of legislation programming. The legislation plan systems includes:its principles, classification, establishment permission, procedure, safeguard measures, etc. During the 20 years history of legislation plan system in China, the legislation programming of NPC Standing Committee has experienced some changes. As far, the legislation programming of NPC Standing Committee, which has passed through the changes, features as follow:the legislation programming centers on legislation aim; law-making equals with alteration of law; formulation process has to follow the certain procedure; legislation quantity decreases gradually; the subject of drafting, proposing, and examining is the State Council. The procedures of legislation programming mainly includes:to start the legislation programs; to propose and collect legislation programs; to examine and filter legislation programs; to draw up the drafting of legislation programs; to deliberate, approve, and issue the legislation programs; to implement the detail steps of legislation programs. Meanwhile, the operational result is a very important standard in the research on a system. However, judging from the features of NPC Standing Committee legislation programming, the relative statistic data, and the operational procedures of legislation programming, the national operational result of legislation programming is not nonideal. There are some existing problems:1). There are two outstanding conflicts, one is the conflict between strong mandatory and low procedural; the other is the conflict between usual procedures and legal system. Both the conflicts causes the endogenetic selection of values.2). Both the feasibility and participation of the legislation programming are low.3). On the problems of legislation programs:the sources are single; application aim is unclear; there appears combination during the legislation programs; the occasion for legislation is not right; and so on.4). NPC Law Committee is not brought into full play in leading role.5). There are some gaps in the formulation procedures of legislation programming, such as, the time for starting is unreasonable; the examination is in the lack of standards; the approving and issuing procedures of legislation plan and programming are imperfect; there is no step for collecting open advice on legislation drafting; and so on. In order to solve the problems in operational process of legislation plan system, there are several suggestions:1). To perfect the establishment procedures of legislation programming. For democracy, there is necessary to start the proof steps, and public the legislation programs through media and internet. As the continuity and rollability of legislation programming, the examining of annual legislation plans and programs should be severe.2). To perfect the safeguard measures. It should be serious on not only the tasks, but also the operational process. And it is necessary to start some measures in order to finish the legislation programming.3). To pay more attention on the adjustment of legislation programming.4). To enforce the construction of NPC system.5). To bring the official legislation procedure into full play.