立法权去中心化与立法模式转变

Decentralization of Legislative Power and Transformation of Legislative Mode

立法权本应属于人民全体,只是交由代议机关行使,但是立法权的所有与行使的分离使其有被滥用的可能,由此导致立法权在行使时出现趋中心化:立法权绝对化、非理性化、将立法权而不是公民作为立法过程的核心。因此,应着力实现立法权的去中心化,实现立法权行使范围和方式的变革。立法模式应该实现由单一政府立法到政府立法与社会立法相结合的转变,更多地发挥公众、社会团体和专家的实质性作用。

The legislative power should have belonged to all people and exercised by the representative assemblies, but this will result in the abuse of the legislative power. It is easy to be centralized when the legislative power is being exerted so that it will induce not only the absolutization and irrationality of the legislative power but also some wrong idea that the legislative power, not people, is regarded as the key of the legislative procedure. Therefore we should realize the decen-tralization of legislative power and reform the range and the mode of legislative power. The mode of the legislative power should be transformed from single government legislatition mode to combinative mode which eombines the government legislation with the society legislation, so that it will help to exert the substantial function of the public, social organizations and experts.