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《规章制定程序条例》虽然规定了政府规章的委托立法,但一直在立法实践中被漠视。贵州省省政府将政府规章交由一律师事务所起草,从而启动了地方政府规章制定的委托立法。地方政府规章制定采取委托立法可以提高地方政府规章的质量,解决地方政府规章制定中的许多专业性、技术性问题。地方政府规章制定中采取委托立法的理论基础是人民主权与程序公正。为使地方政府规章制定中委托立法更具实效性,应当通过立法完善委托立法,明确委托立法的法律责任,并建立专业性的组织专司地方政府规章制定的委托立法工作。
Although the “Rules and Regulations on Procedures for the Establishment of Rules and Regulations” stipulate the commissioned legislation on government regulations, it has been ignored in legislative practice. Guizhou Provincial Government handed over the government regulations to a law firm for drafting, thus initiating the commissioned legislation on the formulation of rules and regulations of local governments. Local government rules and regulations to take commissioned legislation can improve the quality of local government regulations and solve many of the rules and regulations of local government in the professional and technical issues. The theoretical basis for commissioning legislation in the formulation of local government rules and regulations is the people’s sovereignty and procedural fairness. In order to make the commissioned legislation more effective in the formulation of rules and regulations of local governments, legislation should be consummated to entrust the legislation, clarify the legal responsibilities of entrusting the legislation, and to establish a specialized commissioned legislative work that specializes in the formulation of local government rules and regulations.