人大内部主体协调立法的实践样态与两重困境

Practical Pattern and Dual Dilemma of Coordinative Legislation Within the National People's Congress

“协调”一词最早出现于八届全国人大任期内的常委会工作报告,主体被限于全国人大常委会。而此前,全国人大内部多个主体已在发挥协调作用。自九届全国人大至今,立法协调越来越受到重视,并被大量运用。实践中,人大内部各类主体协调立法的事由多、事项多,又存在主体不清晰、内容不确定、过程不公开、法律依据不明确等瑕疵。对于立法中的重大问题、意见分歧和重大利益调整等事项,《立法法》已规定了完整的解决程序。人大内部有关主体在大会及常委会会议之外协调相关重要事项,实际扮演了立法居间人的角色,会使重大问题通过隐性程序解决,而对正式立法程序弃之不用,有悖于立法公开原则,更会使立法活动趋于行政化,与坚持和发展全过程人民民主的立法原则形成紧张关系。应当将协调重要事项的职能归还人大及其常委会,并对人大内部各类主体的协调予以研究规范。

The term“coordination”first appeared in the work report of the Standing Committee during the term of the Eighth National People's Congress,and the subject was limited to the Standing Committee of the National People's Congress.Prior to this,a number of entities within the NPC had already played a coordinating role.Since the Ninth National People's Congress,legislative coordination has received more and more attention and has been widely used.In practice,various entities within the people's congress coordinate legislation for many reasons and on many issues,but there are also defects such as unclear subjects,uncertain content,non-disclosure of processes,and unclear legal basis.The Legislation Law has provided for complete procedures for resolving major issues,differences of opinion,and adjustment of major interests in legislation.By coordinating these important matters outside the sessions of the NPC and the Standing Committee,the relevant entities within the people's congress are actually playing the role of legislative intermediaries,which may cause major issues to be resolved through implicit procedures while abandoning the formal legislative procedures,which is contrary to the principle of legislative openness,and will make legislative activities an administrative tendency,forming a tense relationship with upholding and developing the legislative principle of whole-process people's democracy.The function of coordinating important matters should be returned to the people's congresses and their standing committees,and the coordination of various entities within the people's congresses should be studied and regulated.