人大主导立法之辨析

Analysis on the Leading Role of the People's Congress in the Legislative Process

人大主导立法是我国宪法的基本原则和立法体制的核心要义。党的十八届四中全会和《立法法》新修订之后,实现有立法权的人大对立法过程的主导遂成为各级立法工作的基本目标与中心任务。当前,在思想认识上对人大主导立法还存在诸多误区,立法实践中对"谁来主导人大立法""什么是人大主导"以及"人大如何主导立法"等问题还存在困惑。鉴于此,有必要对人大主导立法的认识误区进行理论纠偏,对"人大主导立法"从概念内涵、主体和对象上进行科学界定,并在此基础之上提出实现人大主导立法的若干路径。

It is the fundamental principle of China＇s Constitution and core of the legislative system that National People＇s Congress plays the leading role in the legislative process. After the Fourth Plenary Session of the 18 th CPC Central Committee and the recent amendment to the Legislation Law, realizing the dominant status and leading role of the People＇s Congress in the legislative process has become the main goal and task of present legislative work. There are some misunderstandings about Who will lead the People＇s Congress legislation？ What is the leading role of the People＇s Congress in the legislative process and how can it be achieved？ Therefore, it is necessary to rectify these misunderstandings through theoretical perspective, analyze and define the＂leading role of the People＇s Congress＂from its connotation, object and subject, and put forward several specific paths on that basis to realize the leading role of the People＇s Congress in the legislative process.