Building The System Of Local Government Legal Agencies Leading Administrative Regulations' Drafting

Limited by the inherent limitation and backwardness of law itself,as well as the restrictions of legislative level and legislative technology,central legislation can not end and satisfy the actual needs of all fields requiring adjustment,so a substantial part of local affairs is related by local legislation.As an important part of local legislation,local administrative regulations have the characteristics of antecedency and flexibility.They can solve local problems at any time,cover more social areas and make up for gaps of central legislation.They have been paid more and more attention by various government.The revised Legislative Law in 2015 gives the municipalities with districts the legislative power.So far,provinces,autonomous regions,municipalities and municipalities with districts all enjoy the local legislative power,while the right of rule-making belongs to local governments at all levels.As the draft directly affect the quality of the final regulations,how to distribute the dominance of the drafting rules within the governments of provinces,autonomous regions,municipalities and municipalities with districts needs special attention.In the current practice of local legislation in China,the mode of drafting rules led by the administrative department of the government is the mainstream,and the status of government legal institutions in the drafting has not been taken seriously.In recent years,with the problems exposed by the departmental-led drafting model and the deepening of the state's demand for legislative refinement,it is essential to change the current drafting model of local regulations which is too single.At this time,the superiority of the mechanism of drafting rules led by legal institutions began to appear day by day.The replacement of "breaking" by "setting up" is by no means inevitable.Between "breaking" and "setting up" of the rules-drafting system,with the role of the administrative department sinking,the legal institutions as an important role gradually rise.In order to establish the system of local government legal agencies leading administrative regulations'drafting,the first thing is to change the situation of insufficient intervention and few number of drafting rules directly by legal institutions in reality,to strengthen the intervention and guidance of legal institutions in rule drafting,and to highlight the dominant position of legal institutions.Meanwhile,supporting measures such as unifying drafting norms and improving the legislative system should be taken to coordinate with the leading role of the legal institutions,so that the effect of the legal institutions can be implemented in every link of the drafting.While strengthening the role of legal institutions,it can not evolve into an unsupervised institution.Therefore,the introduction of the third party such as experts,scholars and the wonderful participation of the public are indispensable to the system construction,so as to ensure the scientificity and democracy of the draft.In addition,the construction of the system must not only rely on theory,but also should keep in touch with local legislative practice,pay close attention to relevant legislative examples,draw lessons from successful experience of other areas,explore and find new rules with good prospects for development,integrate them into the practice of drafting,and give the real life to the local rule-drafting system with the help of advanced experience.