论立法公平之程序构建

Legislative Fairness: A Procedural Perspective

立法程序的公平是现代法律制度中立法公平不可或缺的法理内涵。我国在立法实践中存在着“部门立法”等立法不公现象,其直接原因应归结为我国的立法程序中的制度瑕疵。为求构建公平合理的立法程序,我国应该努力推进立法参与主体的多元化、立法组织的民主化、立法过程的理性化,在立法实践中强化立法听证制度,推行立法助理制度,建立立法回避制度,适当延长人大及其常委会的会期,完善信息公开制度。

Fairness in legislative procedure is an indispensable legal principle of legislative fairness in the contemporary legal framework. There are phenomena of legislative unfairness in our eountry＇s legislative praetice, such as departmental law-making, which can be directly attributed to the flaws in our legislative procedure. In order to construct a fair legislative procedure, China should advocate and promote the plurality of law-making participants, the democratization of legislative organizations, and the rationalization of legislative process. Furthermore, the systems of legislative hearing, legislative assistance, and legislative withdrawal should be reinforced, and the legislative session of National People＇ s Congress and its standing committee should be prolonged to ensure full exposure and circulation of legislative information.