论法案的起草

Talking about the Drafting of Proposed Law

起草法律草案是立法过程中一个必经的、极为重要的基础性阶段。在我国的立法实践中,法案一般由主管部门负责起草,这有其合理性和必然性,但又具有明显的“行政痕迹”,致使法与社会缺乏亲和性,难以真正成为社会的规则。鉴于此,应从树立立法机关之权威、合理配备起草班子、实行起草回避制度、建立立法协调制度、提供必要的经费保障等方面完善我国的法案起草制度。

Drawing up law draft is necessary, quite important and basic period of legislation process. In the legis lalion practice of our country , it has its reasonableness and necessity that proposed law is generally drawn up by the charge department, but it also has a clear ' trace of administration. 'This leads to the lackness of the harmoniousness of law and society, So it is really difficult to become the rules of a society. In consideration of it, We should perfect improve the system of drafting proposed law of our country from the aspects such as: setting the authority of legislation organ, reasonably organizing the drafting groupbody, carrying out the system of drafting avoidance, establislhing the system of legislation coordination, providing the necessary expense guarantee etc.