Research On Issues Of Local Legislative Project Demonstration

It is clearly stipulated in the China's Legislative Law that the Standing Committee of the National People's Congress shall,in accordance with the needs of economic and social development and the needs of the construction of the democracy and legal system,comprehensively demonstrate and evaluate the legislative proposals,with full consideration given to the proposals and suggestions of the deputies and widely solicited opinions of the public.Only those that meet the requirements shall be included in the legislative planning and annual legislative plan.This means that the legislation project demonstration has become a clear requirement of the law.The legislation project demonstration is an important part of the legislative process,which has strict technical standardization and is of great significance to promote scientific legislation.As far as China is concerned,the rule of good laws is urgently required in the rule of law and the construction of legal system in the new era.Scientific legislation is the guarantee to promote good laws,and the demonstration of legislative project has laid the foundation of the scientific legislation.The legislation project demonstration plays an important role in the process to further improve China's legislative system and procedure,as well as to improve the legislative quality and to realize the good law and good governance.In the process of local legislation,the requirement of demonstration shall also be followed for the project determination.The so-called demonstration of the project determination of local legislation mainly refers to the demonstration of the specific working organization of the local legislative organs based on a series of contents such as whether the proposed project is really necessary,operable,legal and convenient for coordination after fully and comprehensively drawing on the opinions of the project proponent,experts and the public,with the attempt to provide scientific basis for preparation of legislative planning and plans in a scientific and standardized manner.By reviewing the existing situation of China's local legislation,it can be easily seen that the local People's Congresses and their Standing Committees have studied and issued a large number of local laws and regulations.According to the statistics which is incompletely collected,by September 2018,there were more than 12000 pieces of local laws and regulations formulated by the local People's Congresses and their Standing Committees.This data only considers the local laws and regulations formulated by the provincial People's Congresses and their Standing Committees,and does not include the those formulated by the People's Congresses and their Standing Committees at municipal level into the statistical caliber.It doesn't matter whether these laws and regulations are formulated or applied at the local level,they are all for the purpose to promote a better development of local politics,economy,culture and other aspects,giving them a broad stage to perform their development.Therefore,these laws and regulations have played an important role in the process of socialist modernization.However,the hidden risk of vicious expansion of local legislation lies behind the huge volume of local laws and regulations in China,which is an issue unavoidable.In the practice of local legislation,due to the excessive interest tendency of various departments,the decision-making,based on "the will of the boss",and with only the factors such as the importance or necessity of the decision-making considered,leads to the arbitrary determination of projects in the legislation.Therefore,in order to improve the local legislation in a refined manner,the curb should be put on the arbitrariness of legislation from the very source,with attention paid to and full play given to the role of the demonstration of the project determination of local legislation.The local legislation project demonstration in China started in 2008 in Beijing,and so far as it is concerned,some provincial people's congresses have also started to implement such practice,with only few of them have been established as a standardized system.Regions such as Beijing,Shanghai,Guangdong and Henan have developed corresponding provisions in their local laws and regulations,with their own characteristics in terms of the demonstration contents,demonstration procedures and the criteria for operation.Some other regions have also made active explorations by means of non-institutionalized methodologies.So far as it is concerned,there is still a large margin for improvement of local legislation project demonstration in China,giving the fact that some problems have an impact on the quality of local legislation project demonstration,which include the lack of a unified system for the demonstration of local legislation project demonstration,the lack of scientificity in the demonstration of local legislative projects,the weakness of the people's Congress in taking the leading role in the process of local legislation project demonstration and the existence of points to be improved in the demonstration procedure of local legislation project demonstration.All these problems should be addressed by taking reasonable and effective measures to deal with it.Through the establishment of a comprehensive and unified system for demonstration of local legislation project demonstration,fully improving the scientific nature of local legislative project demonstration work,encouraging the Local People's Congress to take the leading role in the demonstration of local legislative projects,the standardization of the procedure for the legislation project demonstration,the establishment of the public system of local legislation project demonstration and the establishment of the reward and punishment mechanism of the local legislation project demonstration,as well as other measures to improve the local legislation project demonstration.