Disuss The Expert Participation In Legislation

Experts participate in legislative activities what is a special model of public participation in legislation, it has gained the widely attention and corresponding results in our country’s legislation in recent years. Inviting different professional field experts, including the theory and practice experts who participate in the legislative activities together, it’s not only to make up for the weakness of legislature’s strength,. but also improve the quality of the legislation. This adequately incarnates the influence and the superiority while the experts participate in legislative work. There are some realistic necessity and motive to let experts participate in legislative activities; it has very important significance to construct our legal system when experts participate in legislative activities.Expert participation in legislation in our country has made some achievements in the legislative practice of various regions. There are some legal grounds in the positive law of our country which is about expert participation in legislation, but the content of the legal rules are vague, and the positive law don’t stipulate experts who are in what kind of role specifically participating in legislative activities. In addition, the people of various regions in our country perceive expert participation in legislation differently, the model of expert participation in legislation is also at the exploration, and there is no unified system and procedure design to guarantee. Basically there are three models of expert participation in legislation in our country at present:One is as the legislative consultant to participate in the legislative activities; the second one is as the legislative assistant to participate; the third one is to set up the legislative institutions which can give the constructive comment about legislative practice. Expert participation in legislation should let experts participate in every link of legislative activities, and it needs experts to participate in whole process especially for those more technical, professional laws. Experts give full play to their own advantages and functions in legislative activities, and it has an important influence on legislative plan, draft bills. the feasibility demonstration of bills, clean-up law and legal performance evaluation.Because there is no detailed rule about expert participation in legislation in the law of our country, and there are different cognize and practice of expert participation in legislation in various regions, there are some problems of expert participation in legislation. How to keep the identity of neutrality when experts participate in legislation, effectively express the interest of public, help legislature to solve the problems neutrally, not be spokesman of the interest group or the government department, these are most concerned problems when expert participation in legislation, but there is no corresponding system design to safeguard in legislation of our country. At the same time, there are no specific procedure rules about expert participation in legislation and no related supporting security measures. The problem which is how to arouse the enthusiasm of experts and play a better role when experts participate in legislation needs to be solved. This paper aims to find the solutions to solve these problems by analyzing the problems of expert participation in legislation, and give some advice about how to perfect the expert participation in legislation in our country.