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一、立法准备的定义和主要环节 根据我国学者的定义,立法准备一般是指在正式提出决策之前所进行的有关的立法活动。立法准备阶段作为立法活动过程的第一阶段,也就是在提出法案阶段之前的立法阶段,与“从法案到法”的正式立法阶段相比,其基本功能是为正式立法提供或创造条件,为下一阶段的立法提供服务,它在整个立法活动中具有相当重要的地位。这一阶段的工作做得好与否,直接关系到法的价值能否实现,关系法的质量和实效性如何。在我国,立法的准备阶段在法的制定过程中,几乎起到了决定性的作用,许多法律法规的命运,在立法准备阶段就已经被决定了。
First, the definition of legislative preparation and the main link According to the definition of scholars in our country, legislative preparation generally refers to the formal decision-making before the relevant legislative activities. The legislative preparatory stage, as the first stage of the legislative activity process, that is, the stage of legislation before the proposed stage of the law is compared with the formal legislative stage of “from the act to the stage of law”, its basic function is to provide or create the conditions for formal legislation as The next phase of legislation provides services, which play a very important role throughout the legislative process. Whether this stage of work is done well or not is directly related to whether the value of law can be realized and the quality and effectiveness of the law of relations. In our country, the preparatory stage of legislation has almost played a decisive role in the process of enactment of the law. The fate of many laws and regulations has already been decided during the legislative preparation stage.