新获立法权设区的市立法质量优化研究——基于安徽省的实证分析

The Optimization of Legislation Quality in the Cities Composed of Districts Newly Endowed with Legislation——Based on the Empirical Analysis of Anhui Province

2015年《立法法》修订后,全国200余个设区的市获得立法权。但由于缺乏立法经验、技术和人才等因素,对于这些新获立法权的"晋级者们"而言,如何确保和提升立法质量,亟待重视。通过对安徽省14个新获立法权设区的市39部立法的实证考察发现,部分立法存在语言表述不精准、缺乏实践可操作性以及立法协同性不够等问题。原因在于,设区的市人大立法履职水平力有未逮,省级人大立法批准"形式大于实质",《立法法》相关条款存在漏洞。优化新获立法权设区的市立法质量,需要通过提升设区的市人大立法履职能力,设置科学立法程序以及对顶层设计进行改进等路径实现。

Since the revision of The Legislation Law,there are about 200 cities composed of districts got the right for legislation.But due to the lack of legislation experience,technology and human resources,how to ensure and improve the legislation quality of the"promoters"of cities composed of districts,which have newly got the legislation rights,have attracted great attention.An empirical analysis of 39 columns of legislation within 14 cities composed of districts which have newly got the legislation rights in Anhui Province shows that there exist the problems of ambiguous clarification,lack of the guidance of practical spread and thein-synergy in legislation,and so on.The reasons include the following:The People's Congress wants to carry out the obligation but in fact not,the approval mechanism on provincial People's Congress is mainly related to the"form",not the"content",and the flaws in the regulation on The Legislation Law.In order to enhance the legislation quality of the cities with districts which have newly been endowed with the legislation rights,we need to improve the working capability of the People's Congress within these areas,and to establish a scientific legislation procedure as well as to optimize the top design paths.