河北法学2024，Vol.42Issue(12)：130-151,22.DOI:10.16494/j.cnki.1002-3933.2024.12.007
立法提案只能启动立法程序吗?
Can Legislative Proposals Only Start the Legislative Process?
摘要
Abstract
The legal community's research on legislative proposals has failed to reveal the true function of legislative proposals.People often believe that the function of legislative proposals is to start the legislative process,but this view brings about conceptual and mechanistic dilemmas.Legislative proposals are a legal concept,while the initiation of legislative procedures is a descriptive concept,which has caused the existing views to separate"drafting"and"proposal",which may lead to a change in the hierarchy of legal rules.Through empirical research on the subjects and texts of legislative proposals,it is found that the"proposal effect"of the Chairman's Meeting of the Standing Committee of the National Peoples Congress is greater than that of the State Council,while the"proposal effect"of the State Council is greater than that of the special committees.At the same time,more important draft laws are proposed by more important subjects,and the deliberation time of draft laws proposed by more important proposal subjects is longer,indicating that the substantive function of legislative proposals is not just to start the legislative process.Legislative proposals can guarantee efficiency,but it is not necessary.Legislative proposals should guarantee democracy and it is possible,and democracy should be prioritized,indicating that they focus on the process and factors"outside of legislation".Therefore,legislative proposals also play the role of setting the legislative agenda,institutional transformation of policies,and connecting law and society.Hence the conclusion,legislative proposals are not only used to initiate legislative procedures.关键词
立法提案/法律草案/立法程序/议程设置/决策转换Key words
legislative proposals/draft laws/legislative procedures/agenda-setting/decision-making conversion分类
社会科学引用本文复制引用
王起超..立法提案只能启动立法程序吗?[J].河北法学,2024,42(12):130-151,22.基金项目
本文系国家社会科学基金青年项目"立法条件成熟判断模式的类型化研究"(23CFX080)的阶段性成果. （23CFX080）
