论立法决策与立法起草的法治定位

On the Fixed Relations between Legislative P olicy-making and Bill Drafting in Ruling of Law

本文认为应从控制的角度理解立法决策权为不可授之权,从起草主体的角度理解立法起草权是可委托之权,提出应使立法决策权回归,立法起草权对外开放。

Legislative p olicy-making and bill drafting are very important process during law m aking and there are legal relations between the two. The paper argues that f rom the angle of control, the power over legislative policy-making is not to be authorized. The power over bill drafting, however, from the angle of drafting c an be appointed. For this reason, the author suggests withdrawing the power of legislative policy-making and leave open of that of bill drafting.