论文部分内容阅读
前些时,笔者曾有幸旁听过(《广东省道路交通安全条例(草案)》的一次常委会分组审议,草案洋洋洒洒13000多字,竟有6000多字是对老百姓的处罚,罚款条款竟达120多项!可笔者反复查找,对警察及交警部门的约束条款才1条54个字!这说明什么?只能说明部门利益的法制化倾向太严重!现实生活中,类似上述事例并不鲜见。立法中的部门利益危害深远,不仅会给公民、法人和其他组织的合法权利造成直接、明显的损害,而且对市场经济体制、法制建设等国家整体利益构成威胁,是影响立法质量的一个重要因素。部门利益影响立法进程的后果就是,导致一些改革发展迫切需要,人民群众呼声强烈的立法,或不愿起草、或难于协调,难于出台,而一些主要体现部门利益的法规草案又能赶着起草送审。
A while ago, I had the honor to have listened to (“Guangdong Provincial Road Traffic Safety Regulations (Draft)” a standing committee deliberations, the draft eloquent over 13,000 words, as many as 6,000 words is the punishment of ordinary people, the penalty as high as 120 I repeat the search, the police and the traffic police department of the terms of the constraint was 54 words! This shows what? Only show that the interests of the legal system too serious tendency! In real life, similar to the above examples are not uncommon The departmental interests in legislation are far-reaching and will not only cause direct and obvious damage to the legitimate rights of citizens, legal persons and other organizations, but also threaten the overall interests of countries such as the market economy system and the legal system, which are important to the quality of legislation The consequence of the influence of the departmental interests on the legislative process is that it is difficult to introduce some laws and regulations that urgently need reform and development and people’s voices are unwilling to draft or difficult to coordinate. Some draft regulations that mainly reflect the interests of the departments can catch up Drafting for trial.