从长三角湖泊保护立法看地方性法规的起草技术

Drafting Skills of Local Regulations Based upon the Lake Protection Legislation in the Yangtze River Delta

立法技术是提高立法质量的重要保证,而法规起草技术则是决定立法质量的关键因素。随着2015年修订的《立法法》将历史文化保护、城乡建设与管理、环境保护等方面的立法权赋予设区的市,地方立法工作越来越受各界重视。为了提高地方立法的质量,就需要提高地方性法规起草人员在立法体例的设计、规范构造、具体法规条文的表述等方面的立法技术。

Legislative skills is an important guarantee to improve the quality of legislation, while the drafting skills is a key factor to determine the quality of legislation. As the Legislative Law revised in 2015 gives legislative power in the areas of historical and cultural protection, urban and rural construction and management, and environmental protection to cities divided into districts, local legislative work has attracted more and more attention. The participants in drafting local laws and regulations are also diversified, and different drafting participants have their own characteristics and problems. When the competent government departments participate in the drafting, they should avoid the tendency of drafting legislation preferable of their own departments. When legal professionals participate in drafting, they should avoid personalization of their opinions or impose harsh requirements on them. In order to improve the quality of local legislation, it is necessary to improve the legislative skills of the drafters of local laws and regulations in the areas of legislative style design, normative structure, and expression of specific laws and regulations. These legislative skills have their key points. For example, the arrangement of legislative style should involve the determination of legislative purpose and "small but complete" issues of local legislation. The above legislative skills have been reflected and applied in the Yangtze River Delta lake protection legislation.