地方人大重大事项讨论决定权行使问题的程序化解决

On Local People's Congress' Discussion and Decision-making Power on Major Matters-from the Perspective of Procedural Guarantee

我国宪法和组织法等法律法规中,对"重大事项"规定过于抽象和笼统,有关范围和标准不明确,缺乏可操作性,致使地方人大重大事项讨论决定权制度未能很好地实施。由于"重大事项"属于立法上的一种"法律间隙",是无法从立法技术上具体化的,这就需要通过严格的法定程序来合理配置地方重大事项决策决定中地方党委决策权、政府决策执行权和地方人大讨论决定权三种权力,并构建这三种权力的协调运行机制,充分发挥人大主导作用。探索人大讨论决定"两审制"或"三审制",规范地方重大事项讨论决定中各权力主体行为,明确各种权力行使的方式方法和要求,建构和完善地方人大讨论决定权行使中重大事项议案的提出与提请、审议受理、重大事项调研、公示听证和重大事项议案或决定草案讨论决定审议程序机制,保障地方人大依照法定程序,采用司法上"造法用法"技术,对"重大事项"进行合理合法的解释,确定"什么是需要人大讨论决定的重大事项",保证地方人大重大事项讨论决定权的有效行使。

In China's constitution, organization law, and other laws and regulations, the provisions of "major matters" are too abstract and general and the relevant scope and standards are vague and difficult to handle, that is why the system of local People's Congress' decision making on major matters has not been well implemented. Because "major matters" belong to a "legal gap" in the legislation, it is hard to be made concrete technically. This requires strict legal procedures to rational allocate the powers of decision making on important local issues, such as the decision-making power of the local Party committee, the decision executive power of the government,and the discussion and decision making power of the local People's Congress. It is necessary to establish a coordinated operation mechanism for these three powers, to support the leading role of the People's Congress, to explore the "second instance" or "third instance" institutions, and to standardize the actions of each power in decision making and their individual methods and requirements. Also necessary is to construct an improved deliberation mechanism that comprises of procedures such as raising, submitting, and accepting proposals; major-matter investigations; public hearings; and discussing and passing bills on major matters. To ensure that local People's Congress effectively exercise its power according to legal procedures, the method of "using law to make law" can be adopted to reasonably define "major matters" and "the major matters that need the People's Congress to discuss and make decisions on".