人大主导立法的几个重要问题

Several Important Issues on NPC-led Legislation

人大主导立法有利于促进民主立法,提高立法质量;主导具有行政权的特点,与人大行使权力的规律不甚相符。人大主导立法需要处理好与党领导立法以及其他主体依法参与立法的关系。在克服部门利益和发挥人大立法引领推动作用等立法活动中,如何把握人大主导立法的内涵与界限,需要慎重研究。不宜将委员长会议、专门委员会和常委会工作机构在立法中发挥作用等同于人大主导立法,这些主体行使职权的边界,需要研究和规范。在立法活动中,人大固然是人民意志的代表机关,但"一府两院"等立法参与主体也从不同侧面代表了人民意志,不能将人大设想成民意的唯一代表机关,进而不适当地强调人大主导立法。

NPC-led legislation helps promote democracy and quality in legislation. But leading has characteristics of executive power which does not align well with how NPC exercises authority. NPC-led leg- islation requires proper treatment of its relations with the Party who exercises leadership in legislation and other subjects who participate in legislation according to law. Prudent studies are needed to define the con- notation and the boundary of leading by NPC when NPC is playing a role in overcoming influences of sec- tors＇ interests and promoting legislation. It is not advisable to equate roles of Chairmen＇ s Council, Special Committees, and Standing Committee in legislation to NPC-led legislation. These subjects＇ power bounda- ries need research and regulation. In legislative activities, although NPC is the primary representative agen- cy of People＇ s will, subjects who participate in legislation such as the People＇ s Government, the Court and the Procuratorate represent People＇ s will in different facets too. We cannot assume that NPC is the only representative of People＇ s will, hence emphasizing NPC-led legislation in an improper way.