How to establish and improve the mechanism of social participation in legislative consultation

Judging from the operation of local government legislation, it is necessary to build a legislative consultation mechanism from three aspects: before legislation, during legislation and after legislation.

1, consultation mechanism in local government legislative plan

No matter from the legislative principles or the provisions of specific laws and regulations on the legislative procedures of local governments, the legislative plan is the first important link in the legislative work of local governments and the first pass to ensure the democratization and scientificity of local government legislation. Establish a joint meeting system between the legal institutions of local governments and the Social Law Committee of China People's Political Consultative Conference, and discuss the necessity, feasibility, urgency and maturity of legislative conditions of the legislative plans declared by various localities and departments when compiling the annual legislative plans of local governments. Seriously study the proposals and suggestions of CPPCC members, and conduct extensive consultations on major practical issues involving the vital interests of the people, such as urban construction and management and environmental protection. Strengthen legislation in key areas such as environmental governance, urban construction and historical and cultural protection, and give priority to the scope of consultation legislation. Fully protect citizens' right to know, participate and make decisions.

2. Consultation mechanism in the process of local government legislation.

First, establish the subject of legislative consultation. After determining the annual legislative plan, the local government shall solicit the opinions of relevant units and sector members according to the specific matters and contents of consultation and the principle of professional counterpart. In the process of legislation, the legal institution of the government can put forward opinions and suggestions on the revision of the draft local government legislation or one of the matters; Or hold a forum through the Social Law Working Committee or relevant special committees to solicit opinions, and the CPPCC Social Law Working Committee or special committees or CPPCC members will put forward opinions and suggestions for revision, and finally the government legal institutions will be responsible for collecting and sorting out opinions and suggestions.

Secondly, improve the way for local governments to solicit opinions through legislation. Seminars, argumentation meetings and hearings have a solid legal foundation in China, which are clearly stipulated in the Legislative Law, the Regulations on Rules-making Procedures and the Outline for the Implementation of Administration by Law in the State Council. In practice, they are also the main way for local governments to solicit opinions on draft legislation. However, laws and regulations are too principled in procedure, leaving a lot of room for human operation. Whether to hold a symposium, demonstration meeting or hearing is too arbitrary. For example, some representatives attending the forum were appointed by the administrative organs in advance, lacking careful screening, or inextricably linked with the administrative organs. Are their demands true and to what extent do they reflect public opinion? Whether the experts and scholars at the demonstration meeting can get rid of the interference of interest groups and adhere to a rigorous scientific attitude and academic conscience is also debatable. How to organize the procedure of the hearing, how to select the representatives, and whether the conclusion of the hearing is adopted are also lack of clear norms. It is not uncommon to see the scene of "only listening to evidence but going through the motions". In view of the above problems, the author thinks that the establishment of legislative consultation system should clearly stipulate the procedures, conditions of use and the choice of participants of forums, argumentation meetings and hearings to ensure the comprehensiveness and effectiveness of listening to opinions.

Third, improve the feedback system of local government legislative opinions. At present, local governments treat public participation in legislation with the phenomenon of "emphasizing collection but neglecting feedback", which has dampened the public's enthusiasm for participation to some extent. The author believes that the establishment of legislative consultation mechanism, government legal institutions should improve the feedback mechanism when seriously studying and analyzing the opinions and suggestions put forward by CPPCC and its members. The feedback system for the adoption of legislative opinions is the need of democratic legislation. All kinds of different opinions and suggestions put forward by CPPCC members in the process of participating in local government legislative consultations should be answered, explained and dealt with in a timely and necessary manner. Generally, the following methods can be adopted: 1. Centralized reaction (or generalized reaction). That is to say, on the basis of sorting out, classifying, screening and carefully analyzing the opinions and suggestions, the legal institutions of the government can publish, explain or report the adoption of the opinions and suggestions collected in the process of soliciting opinions through centralized replies or in the legislative drafting instructions and legislative review, deliberation and deliberation reports. The second is to respond individually (or one by one). That is to say, whether the legislative opinions and suggestions signed by CPPCC members have been adopted or not are of research value, the legal institution of the government should inform the proposer of their adoption through letters, mails, telephone calls, short messages, faxes and QQ replies, and explain the reasons for not adopting them, so as to establish a benign interaction mechanism between CPPCC members and the legal institution of the government, strengthen legislative communication, and mobilize their enthusiasm for participating in legislation.

3. Participation mechanism of local government legislative research.

Legislative investigation is a series of activities carried out by government legal institutions or government departments around their legislative projects, and it is an important legislative preparation activity to improve the scientific and democratic nature of legislation. Due to the limited legislative resources, government legal institutions and their personnel can entrust experts and scholars and CPPCC members to study on their behalf, or they can entrust relevant CPPCC committees to study. The latter relies on CPPCC, which is authoritative and can achieve better results. In my opinion, we can consider establishing a special investigation mechanism of CPPCC or its special committee, and we can also consider establishing a joint investigation mechanism with government legal institutions. Through legislative research, we can give full play to the departmental advantages of CPPCC, and the research report has important reference value for local government legislation.

4. Post-legislative evaluation mechanism of local government.

More and more attention has been paid to the effectiveness evaluation or quality evaluation of local governments after legislation. It is generally believed in academic circles that there are three choices for the evaluation subject: the first way, after the legislature formulates normative documents such as evaluation content, standards and procedures, it entrusts or invites bids to entrust a neutral institution for evaluation. The second way is to conduct post-legislative evaluation by integrating multiple subjects, that is, the legislature plays a leading role in the evaluation, but the evaluation content is divided and outsourced to multiple third parties, or the legislature can form a research group or entrust other institutions to complete it through project establishment. The trustee can be an evaluation institution, scientific research institute and other institutions. The third road, with CPPCC as the evaluation subject, is also carried out in a comprehensive and pluralistic way. Taking CPPCC as the third party to evaluate the effectiveness of legislation can not only overcome the weaknesses of universities, research institutions and social organizations, such as lack of authority, weak organization and lack of social resources; It can also enhance the possibility of objective and fair evaluation because of its detached status. CPPCC's participation in the post-legislative evaluation of local governments is an organic part of the legislative consultation mechanism, which is worth studying and exploring.

The above discussion is for reference only and I hope it will help you.