Research On The System Of Entrusting The Third Party To Draft In Local Legislation

As the first phrase of local legislative activities,the drafting stage plays an important role.For a long time in legislative practice,most of the local legislations adopt the way of drafting by the government's functional departments,and there is a phenomenon that the law enforcers draft the bills.In the view of actual effects,the Department drafting mode appears the phenomenon of Departmental Interest Legalization.In addition,local legislation usually lacks personnel in professional fields.Drafting is only a piece of local people's Congress and government.The actual number of drafters is far insufficient.It is difficult for the existing legislative staff to complete the drafting work independently.Besides,the actual organizational capacity of public participation in legislation is poor,and the participation efficiency is low.As a result,the local government often ignores the issue of public participation in the process of drafting,which in turn affects the enthusiasm of the public to participate in the local legislation and forms a vicious circle,resulting in the difficulty of public opinions in the draft regulations and rules to reflect.It will not only affect the positive effects of democracy on legislative science,but also cannot effectively restrict the departmental interest tendency brought by the leading legislative drafting work of government functional departments.In order to avoid the tendency of departmentalization in the drafting of government functional departments,in the early stage of reform and opening-up,local governments in China boldly tried and explored a new drafting mode,and the third-party drafting mode was entrusted in local legislation.In 2000,the first Legislation Act was promulgated in China.Article 5 provides a clear legal basis for local governments to explore the way of entrusting third parties to draft,and makes it possible for more social organizations,civil society organizations and the public to participate in the name of the third party.At that time,the drafting of local legislation in China was in a special internal and external environment.In order to solve the urgent need of local legislation,local governments began to use the third-party drafting method Professional,neutral and democratic advantages of the system make the system widely praised in the theoretical community and all walks of life.At the same time,the practice of entrusted third-party legislation drafting gradually increases in all parts of the country,and the system has been further developed.In 2015,the revised Legislation Act gave legislative power to all cities divided into districts.At the same time,Article 53 was added,which established a legislative system of entrusting a third party to draft in the form of national law.These important institutional innovations of the party and the state have laid the foundation for a new and traditional Third Legislative Drafting mode to become a legislative normAlthough the empirical analysis of the current situation of the entrusting third party drafting system in local legislation shows that the system has positive effects on eliminating the departmental interest tendency in local legislation,making up for the lack of personnel capacity in local legislation and improving public participation,it also finds that the third party in the system is divorced from the reality of the masses and gradually loses its neutral position,and the entrusting party breeds the question of passing the buck.The theoretical advantages of the system are not reflected in the actual operation effect.The root of which lies in the allocation of the third-party drafting body is not optimal,the selection procedures and standards are not standardized,the interaction between the subjects in the drafting process is not sufficient,the evaluation of the drafting bill is only formality and the lack of a strong supervision and accountability mechanism.In view of the crux of the system,the entrusting third-party drafting system in local legislation should first adhere to the dominant position of the people's Congress,secondly diversify the composition of the third-party drafting body,standardize the selection procedures and standards of the third-party,improve the mechanism of interest expression and exchange,and improve the mechanism of supervision and accountability,so as to provide more perspectives for the optimization of the system and realize the good vision carrying on this new mechanism.