Research On The Current Situation And Problems Of The Draft Of Laws And Regulations Commissioned In Local Legislation

The revised legislation law in 2015 further clarifies the basic requirements of scientific legislation,democratic legislation and legislation according to law,and expands the main body of local legislation.The people’s congresses and their standing committees and people’s governments of provinces,autonomous regions,municipalities directly under the central government and cities divided into districts can respectively formulate local laws and regulations and government rules,and the main body with local legislative power is only 49 from the original The city has expanded rapidly to the present 30 autonomous prefectures,284 cities divided into districts and 4 prefecture level cities not divided into districts.It is undoubtedly of great theoretical value and practical significance to study the relevant issues of local government legislation.From the perspective of the practice of scientific legislation,the tendency of door-to-door and the phenomenon of contending for power and responsibility are more prominent in the work of local administrative legislation.In recent years,from the Fourth Plenary Session of the 18 th CPC Central Committee to the Fourth Plenary Session of the 19 th CPC Central Committee,clear provisions have been made for the third party’s participation in legislative work,such as "exploring and entrusting the third party to draft laws and regulations","all parties involved in legislative work,and constantly improving the quality and efficiency of legislation",etc.Based on the study of the theory of the draft legislation commissioned by the third party,this paper investigates the practice and institutionalization of the draft legislation commissioned by the third party,and takes the legislative project commissioned by Haikou municipal government as an example,summarizes the current situation of the draft legislation commissioned by the third party in practice,and then analyzes the difficulties faced by the third party in drafting the draft legislation How to overcome the shortcomings of the traditional drafting path of local legislative departments "legalization of departmental interests".This paper holds that "entrusted drafting" in the process of local legislation is a special form of third-party participation in legislation,which has a good complement to the current drafting system of local legislative departments,can overcome the problems caused by the traditional legislative path,promote the standardization and scientization of local legislative draft,and thus improve the quality of legislation.At the same time,on the basis of the practice of foreign third-party participation in legislation,the author puts forward some thoughts on the construction of the draft rules and regulations in the local legislation of our country.The paper is divided into three parts to study the draft of laws and regulations entrusted to a third party in the process of local legislation.The first part mainly summarizes the entrusted drafting of local legislative draft,including related concepts,theoretical basis,research value,etc.It mainly defines several key concepts,including local legislation,local government legislation,government entrusted drafting,and clarifies the relationship between modern government and local legislation,as well as the difference between government legislation and other government activities.The second part focuses on the current situation of Haikou local legislation Commission drafting rules and regulations,including achievements,typical practices,existing problems,etc.In the third part,from the design of relevant laws and regulations,it analyzes the selection of the entrusted organization,the procedure of entrusted drafting,accountability,external evaluation,etc.,and puts forward feasible suggestions for further improving the work of entrusted drafting of local laws and regulations.