我国人大主导立法及保障机制研究
发布时间：2018-08-21 07:06
【摘要】：我国有立法权的各级人大及其常委会是宪法、立法法、地方组织法等法律明确规定的最主要的立法主体,理应在立法活动中发挥其主导性作用。多年来,我国人大立法取得了卓越的成绩,但"人大主导立法",很大程度上只是一个"应然"命题。由于长期被虚化,我国立法的"实然"状况是:"长期以来实际上是政府部门主导立法,立法中的行政色彩浓厚"。基于此,党的十八届四中全会提出要健全人大主导立法工作的体制机制,发挥人大及其常委会在立法工作中的主导性作用。2015年新修改的《立法法》也将四中全会提出的"人大主导立法"写入法条中,使其转变为法定要求。人大主导立法是指全国及有立法权的各地方人大及其常委会,与其他立法主体相比,具有应然和法定的地位,在立法活动中定目标、定方向,居于主导性地位,发挥主导性作用。立法工作应当由人大来主导,是由人大的地位与性质以及立法权的属性所决定的。人大主导立法,应当由外部和内部双重机制来保障。外部保障机制主要包括加强党的领导这一政治保障、我国人大与政府立法的和谐共处以及公众参与立法保障机制。内部保障机制既包括明确我国人大与其常委会之间的立法权划分,也包括完善立法规划、立法起草、法案到法、立法监督阶段的保障机制以及加强立法队伍建设。
[Abstract]:The people's congresses at all levels and their standing committees with legislative power are the main legislative subjects clearly stipulated by the constitution, legislative law, local organic law and so on, and should play their leading role in the legislative activities. Over the years, China's people's Congress legislation has made remarkable achievements, but the "people's Congress leading legislation", to a large extent, is only a "should be" proposition. For a long time, the "reality" of legislation in our country is: "for a long time, government departments have actually led the legislation, and there is a strong administrative color in the legislation." Based on this, the fourth Plenary session of the 18th CPC Central Committee proposed to improve the institutional mechanism of the legislative work led by the people's Congress. The "NPC leading legislation" proposed by the fourth Plenary session of the CPC Central Committee has also been written into the provisions of the law to transform it into a statutory requirement. The leading legislation by the people's Congress means that the people's congresses and their standing committees of the whole country and the local people's congresses and their standing committees with legislative power have the necessary and statutory status compared with other legislative bodies, and they set goals and directions in the legislative activities and occupy the leading position. Play a leading role. The legislative work should be dominated by the people's Congress and decided by the position and nature of the people's Congress and the attribute of the legislative power. The people's Congress should lead the legislation by the external and internal mechanisms to protect. The external safeguard mechanism mainly includes strengthening the political guarantee of the Party's leadership, the harmonious coexistence of the legislation between the people's Congress and the government and the mechanism of public participation in the legislative guarantee. The internal safeguard mechanism includes not only clarifying the division of legislative power between the NPC and its standing committee, but also perfecting the legislative planning, legislative drafting, legislation to law, the safeguard mechanism in the stage of legislative supervision and strengthening the construction of the legislative team.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0
本文编号：2194921
[Abstract]:The people's congresses at all levels and their standing committees with legislative power are the main legislative subjects clearly stipulated by the constitution, legislative law, local organic law and so on, and should play their leading role in the legislative activities. Over the years, China's people's Congress legislation has made remarkable achievements, but the "people's Congress leading legislation", to a large extent, is only a "should be" proposition. For a long time, the "reality" of legislation in our country is: "for a long time, government departments have actually led the legislation, and there is a strong administrative color in the legislation." Based on this, the fourth Plenary session of the 18th CPC Central Committee proposed to improve the institutional mechanism of the legislative work led by the people's Congress. The "NPC leading legislation" proposed by the fourth Plenary session of the CPC Central Committee has also been written into the provisions of the law to transform it into a statutory requirement. The leading legislation by the people's Congress means that the people's congresses and their standing committees of the whole country and the local people's congresses and their standing committees with legislative power have the necessary and statutory status compared with other legislative bodies, and they set goals and directions in the legislative activities and occupy the leading position. Play a leading role. The legislative work should be dominated by the people's Congress and decided by the position and nature of the people's Congress and the attribute of the legislative power. The people's Congress should lead the legislation by the external and internal mechanisms to protect. The external safeguard mechanism mainly includes strengthening the political guarantee of the Party's leadership, the harmonious coexistence of the legislation between the people's Congress and the government and the mechanism of public participation in the legislative guarantee. The internal safeguard mechanism includes not only clarifying the division of legislative power between the NPC and its standing committee, but also perfecting the legislative planning, legislative drafting, legislation to law, the safeguard mechanism in the stage of legislative supervision and strengthening the construction of the legislative team.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0
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