Research On The Legislative System Of Expert Consultants In China

“Without the support of the law,a country cannot be ruled;without the restraint of the law,a person cannot be steadfast.” During the past 40 years of reform and opening-up,the construction of China's legal system has been continuously explored and practiced,having made great achievements.Now,with the Constitution as the core and the law as the backbone,the socialist legal system with Chinese characteristics has been formed,including administrative regulations,local laws and regulations and other regulatory documents.It provides a strong rule of law protection to the improvement of Four Comprehensives which refer to comprehensively build a moderately prosperous society,comprehensively deepen reform,comprehensively implement the rule of law and comprehensively strengthen Party discipline.However,a phenomenon that the quality of the current legal system is not high is widespread.It is mainly presented in many aspects.For example,the legal system is not complete and more legislative blank results in no legal basis.Besides,the current legal maneuverability is weak and its content is out of date,which makes it difficult to abide by the law.Rules and regulations have developed exceptionally,but the level of legislation is quite low and the redundant construction is so serious.All of those not only waste legislative resources,but also undermine the integrity and unity of our legal system and then hinder the process of our legalization.Therefore,a law without a high quality may not be used to rule a country and even make any progress.Thus we must improve the quality of legislation and make it changed from quantitative-oriented to quality-oriented.The fourth plenary session of the 18 th Communist Party of China(CPC)Central Committee clearly announced the establishment and improvement of the advisor system of legislative experts which brought a new institutional form for the improvement and perfection of China's legislative quality and technology.The fifth plenary session of the 18 th Communist Party of China(CPC)Central Committee further proposed the perfection of the advisory system of national scientific and technological decision-making,which required us to make more deep reform and adjustment in legislation.For the legislative theory,the legislative circle has begun the exploration of the advisor system of legislative experts.For the legislative practice,provinces have also announced the rules about the establishment of the advisor system of legislative experts,which speeds up the formation of the democratic and scientific nature of legislation and the improvement of legislation's quality.Also,it provides a new way for us to improve the efficiency of decision-making and promote the scientific decision-making.This thesis makes the establishment and perfection of our country's advisor system of legislative experts as thestudy focus and mainly analyzes it in the following three aspects: the concept and scope of our advisor system of legislative experts and its characteristic and role,its current establishment and the existing problems and the ways to perfect the advisor system of legislative experts.It aims to seek new ideas and methods of scientific decision-making in the legislative process.The first part mainly explains the theoretical basis and practical exploration of the advisor system of legislative experts.After clarifying the definition and connotation of the advisor system of legislative experts,the author elaborates the characteristics of the advisor system of legislative experts and discusses about its theoretical and practical roles in our legislation and then probes into the qualification of the advisor system of legislative experts in the perspective of theoretical foundation.At last,the author analyzes the current situation of the advisor system of legislative experts from the practical development of it in order to provide a clear idea and a reasonable point of view for analyzing and studying the establishment and improvement of the advisor system of legislative experts.The second part mainly discusses the current problems of the advisor system of legislative experts in the development of its theory and practice.After putting forward the establishment and perfection of the advisor system of legislative experts,the author explains how to operate and implement this system in theory and practice and the shortcomings and problems exposed in that process.By analyzing the deep reasons of those problems,it lays a foundation for perfecting our advisor system of legislative experts.The third part mainly elaborates the ways and methods of further developing and perfecting the advisor system of legislative experts.The author mainly explains the legislative experts' advisory in three aspects: its rules in legislation,perfecting its procedures in legislation and its safeguard mechanism and correcting mechanism.It is proposed to seek an effective way to improve the advisor system of legislative experts,promote the quality of legislation and enhance the scientific and effective nature of legislation.Comprehensively advancing rule of law has been addressed at the strategic level.And legislation is surely a key to achieve rule of law.That is to say,how to achieve the scientific and effective legislation is critical to improve the quality of legislation.To propose the advisor system of legislative experts plays a very important role in searching a sound legislation.So it is indispensable for us to study the advisor system of legislative experts in our country.