论行政立法回避制度——兼与杨建顺教授商榷

行政立法回避制度做为一种民主立法制度应当在我国行政立法活动中得以全面实施,并且其是提高行政立法质量、增强行政立法法律文件实效之本源。行政立法回避制度之所以能够做为一种民主制度存在既有其存在的合理性,也有其存在的合法性。为充分发挥行政立法回避制度的作用,必须从立法上予以完善,明确投标单位、被委托的专家或组织应具备的资质,并走政府规章制定的职业化之路。

Challenge System in the Process of Making Administrative Laws

As a democratic legislative means used in the process of making administrative law, the challenge system should be well established for China’s administrative legislative activities so as to ensure fundamentally the quality and effectiveness of administrative laws. Of course, the existence of the challenge system in the process of making administrative laws as a democratic institution is justified and legalized. To make full use of it, the legislation related to challenge must be improved, the qualification of the agencies bidding for law-making, the entrusted specialists or organizations must be expressly provided and the official regulations must be made in a professional way.