The Research On Annual Legislative Plan Of The Standing Committees Of Local People's Congresses

The new “Legislation Law” and the more and more new amended local “Law on regulation of law” all incorporates the draft of legislation layout and the annual legislation plan into legal procedures and stipulates that the Standing Committee shall draft the legislation layout and the annual legislation plan within its term.The normalized work for draft of annual legislative plan is becoming legalized.To scientifically draft the annual legislative plan can improve the legislation quality,and the issue of how to draft the plan in good quality has widely become the concern of Standing Committees of People's Congress entitled to legislation power.In the legislation practice of our country,the inertia conducts of strictly-in-and-easily-out has render it having the binding power in operational sense and in quasi law.In practice,the annual legislation plan is not completed solely by Standing Committees of People's Congress,rather,it is completed by concerted effort with other bodies.Annual legislative plan are often able to determine whether the bill will become law,after its passage,the official project in annual legislative plan will bewaiting the approval of Standing Committee,even though the bill deliberated has some flaws.So such entrance is rather important and significant.This paper incorporates the research on the legislation practice of the draft process of annual legislation plan by the Standing Committee of Shanghai People's Congress,and conducts empirical analysis surrounding the participant bodies,the role they play and the sources of the official program incorporated into the annual legislation plan.By analyzing the participant bodies in draft process,the paper assumes that in the official bodies,the favorable bias towards Legal Committee and Law Committee for conversation during draft process shall benefit the effect of joint demonstration.While for the unofficial bodies,it is both essential and lawful for the Communist Party to lead legislation.In the analysis for the source of the official project in the annual legislation plan,it is assumed that the open call for legislation suggestion is unwise.And thanks to the legislation power limit when expanding the legislation power of cities with sub-districts,the phenomenon of a major part of the official projects of the annual legislation plan originating from government departments will become more serious.After the analysis,a discussion is made as to correct the phenomenon of government leading the official projects of the annual legislation plan,and it is suggested that the invitation for public election in the process of draft of annual legislation plan by the StandingCommittee of Hubei Province People's Congress is a good reference.In the end,this paper believes that the improvement of legislation quality is dependent on democratic legislation,which is dependent on public participation.Under the situation of citizens becoming more politically conscious,the legislation department shall not ignore the public opinion and idea when taking well the legislation doorway of annual legislation plan.After all,the law is for the people.