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一、逐步摆脱部门化倾向。目前、地方立法一般是由政府业务主管部门起草,交政府法制机构审查协调,再经政府常务会议决定后,提请人大常委会审议通过这种由政府业务主管部门起草的地方法规一是在结构上比较单一,部门痕迹比较明显。缺乏广泛性、公正性和客观性。二是一些部门利用起草法规的机会,为自己本部门尽可能的争得更多的利益,尤其是在管理权、审批权、发证权、收费权和处罚权的问题上争执不休,而对于应承担的义务和责任却相互推托,这种消极的部门倾向,直接影响着地方法规的立法质量。因此,在地方立法过程中应逐步摆脱部门化倾向:一是人大常委会各有关工作机构要提前介入政府业务主管部门的法规草案起草工作,成立由人大常委会相关工作部门牵头,政府法制机
First, gradually get rid of sectoral tendencies. At present, local legislation is generally drafted by the government department in charge of business and submitted to the government for review and coordination of the legal system. After being decided by the government executive meeting, the local legislature is submitted to the Standing Committee for consideration and approval of the local laws and ordinances drafted by the government department in charge of business. First, Relatively simple, more obvious department marks. Lack of universality, fairness and objectivity. Second, some departments use the opportunity of drafting laws and regulations to win more interests for their own departments as much as possible. In particular, they have been disputed over issues such as the power of management, examination and approval, the right of certification, the right of collection and the punishment. However, The obligations and responsibilities that should be assumed are mutually denied. Such negative sectoral tendencies directly affect the quality of legislation in local laws and regulations. Therefore, in the process of local legislation, we should gradually get rid of the trend toward sectoralization: First, all relevant working bodies of the NPC Standing Committee should intervene drafting the draft laws and regulations of the competent government departments in advance and set up the relevant work departments under the Standing Committee of the NPC leading the government legal system