On The Bill Drafted Way

In a period of social transformation, law has been becoming more and more important in China. So how to make high-quality law widely attracts peoples'attention. As Chinese legislative system and political system are still incomplete, leading to some defects in formal legislative procedure. The quality of a law is decided in the stage of bill drafting. Today bill drafting by government department is the main way of drafting a bill, but it has obvious disadvantages. Delegated drafting and tender drafting has constantly enter into the public topics. But until now they have not been institutionalized. Can delegated drafting and tender drafting solve the disadvantages of our current bill drafting way? How to develop china's bill drafting? So I chose'bill drafting way' as the research subject. The result of the research is expected to contribute to improve our bill drafting way.Firstly, I elaborated the legitimacy of law theory to explain the importance of democratic legislation. To our country, it's very important to improve peoples' participation in bill drafting. For drawing lessons from foreign countries'bill drafting experience, this paper introduces the advantages of the United states'bill drafting office. Then analysed five kinds of ways of bill drafting in our society--Bill drafting by government department, bill drafting by the national peoples' congress, delegated drafting, tender drafting and cooperating drafting. As the main bill drafting way, bill drafting by government department with a strong departmental protectionism color suffers much public criticism. This paper though to deep analysing of the first Legislation corruption case-Guo Jingyi case, exposes the harmful of bill drafting by government department. In order to improve the quality of legislation, the National Peoples Congress as the legislature should strengthen the intervention of the bill drafting process. It engagement should not only limit in consideration and voting phase.Because the NPC bill drafting way has limitations, it can not undertake hard legislative work. For the sake of changing this situation, new ideas and new methods of bill drafting are coming out in some regions. Delegated drafting, tender drafting and cooperating drafting arise. Based on the analysis of three typical examples, combined with the actual case, we can conclude that the new bill drafting way can not substitute the way of bill drafting by government department. Finally1think establishing specialized agencies for bill drafting is the right choice for our country. However, due to China's national conditions, bill drafting agencies can not be established. As the transition, we may focus on the development of delegated drafting, tender drafting and cooperating drafting. In fact, strengthening the NPC's intervention, improving the public participation, expressing interest unimpeded are the keys to overcome the department protectionism in bill drafting process.