The Research Of Departmental Interests In The Formulation Of Local Laws

In Practice, the departmental interests tendency of the local lawsis a prominent issue of restricting the quality of local legislation.However, from the emergence and development of the departmental interests,it is one kind of the legitimate interests that be part of the publicinterest. This legitimacy comes from the "department" with the publicinterest properties, and local laws’ role in our legal system. Thedepartmental interests in the local laws with departmental intereststendency is out of the public interest property. Therefore, in theformulation of local laws, we are not only to fulfill the department’Reasonable demand for social and public interests, but also need preventthe alienation of the departmental interests.There are several performance of the departmental interests’alienation，such as forth putting the law to expand their power, forthputting the law to get fortune, and set more obligations for the relative.The departmental interests’ alienation lead to a greater harm，first andforemost is contrary to the government’s property and affect the nationaluniformity of law. In addition，this alienation also lead a reducing oflocal laws’ quality and efficiency of the local legislative， and undermined the authority of the rule of law, and directly infringed uponthe legitimate rights and interests of citizens, legal persons or otherorganizations.There are many reasons leading to the alienation of the departmentalinterests, such as the driving by interests，the limited nature of theneeds， the abuse of the administrative system, including thedecentralization legislation mode，the responsibilities setting andtaxation system. At the same time，the loopholes in the legislative programalso created the conditions for the alienation of the departmentalinterests.To prevent the alienation of departmental interests and achievelegislative democracy, our existing laws and regulations have set someof the institutional provisions, and there are some places carry out manyindependent and useful explorations, but there is still no effective.Implemented through the legislative process mechanism implemented in theUnited States, Britain, Japan and other western countries, the internaldrafting system, the system of legislative debate, the legislativeassistant system and the legislative system of participation implementedby these countries and regions is a certain reference to us. At the sametime, combined with the root of interests’ alienation and our currentlegislative system, through deepening the administrative reform,reinforcement the equality of Legislative sponsors and special assessmentsystem of departmental interests is still a very effective way to achievebetter prevention of departmental interests’ alienation.