我国行政立法程序的现状及其完善

程序对于行政立法而言至关重要,我国当前行政立法的程序包括准备、起草、听证、审查审议、公告等阶段。我国行政立法程序仍然存在规定不够具体,实践中不少环节多是按照行政行为的内部程序来操作等问题。为此,应对之加以完善:一是建立立法项目的必要性分析制度;二是完善立法听证程序;三是在审议阶段建立行政立法责任制度。

The Current Situation and Perfection of Administrative Legislation Procedure in China

Procedure is of the utmost importance to administrative legislation. Currently, the administrative legislation procedure in China is comprised of several segments such as preparation, drafting, hearing of witness, investigation, deliberation and announcement, etc.. However, many problems still exist in the current procedure. As a matter of fact, apart from the roughness of its stipulations, many of the above mentioned segments are mainly executed and operated in accordance with the internal process of administrative actions during practice. In order to improve the forgoing situation, the implementation of the following advices will he considered as first imperative： i） establish a necessity analysis system for legislation projects; ii） complete the hearing procedures; iii） establish a liability system for the deliberation segment of administrative legislation procedure.