地方立法统一审议与初审关系检视

An Review of the Relationship Between Uniformly Deliberation and Initial Deliberation in Local Legislation

从地方立法实践看,初审程序与统一审议程序在审议重点上的界限不清和交叉重叠的制度设计,增加了两者矛盾激化的风险和审议结论在理论上冲突的可能性。为避免不必要的审议冲突,初审应当突出"专"的优势,统一审议则应当突出"统"的特点,同时通过委员身份兼任,以利于实现两次审议关系相互协调。对于统一审议与初审的争议,应当报经人大常委会二审时做出决定。

From the practice of local legislation,the ambiguous boundaries of deliberation emphasis and overlapped system design between the initial deliberation and the uniformly deliberation procedure increase the risk of intensifying their contradictions and the possibility of theoretical conflicts in deliberation conclusions.To avoid the unnecessary deliberation conflicts,the initial deliberation should focus on the feasibility of the draft while uniformly deliberations should mainly consider its harmonization with other regulations and laws,and the relationship between them can be coordinated through concurrent membership.The disputes between the uniformly and the initial deliberation should be decided by the Standing Committee of the People's Congress in the second deliberation.