公开征集立法项目建议的国内外比较研究
A Comparative Study of Domestic and International Systems and Practices about Soliciting Proposals for Legislative Projects

中国公开征集立法项目建议已从实践逐步走向制度化,在践行这一民主、科学立法决策的重要实践中,立法机关已经获得了一些有益经验,但也存在良好实践难以稳定持续推进、参与权利缺乏制度保障、信息公开相对不畅以及反馈机制有待健全等缺憾。与中国相关实践与制度形成鲜明对比的是,国外一些征集建议主体能够主动公开立法背景资料、构建并实际运作征集意见专业网络平台、积极推进公民参与立法教育和培训,甚至已形成了适度限制征集建议使用范围的理念。总结和借鉴这些对比性经验,中国有必要考虑采取健全公开征集立法项目建议制度、深化立法信息公开制度、提升公众的立法参与能力、完善沟通交涉以及反馈机制等措施,以科学、合理地解决中国当前的制度与实践问题。
Openly soliciting proposals for legislative projects in China has been gradually institutionalized from practice. In the practice of implementing the democratic and scientific legislative decision？？making, legislatures in China have gained some useful experiences, but there are shortcomings which include the difficulty to steadily and continuously promote good practice experience, the lack of guarantee system about the participation rights to propose legislative proposals, the insufficiency of full disclosure of legislative information, and the need of improving the feedback mechanism. Compared with Chinese relevant practice and system, some foreign legislatures of soliciting proposals for legislative projects can actively open their legislative background information, build and actually run a professional network platform for noticing the information of public solicitation, develop and promote activities about civic education and civic legislative training, even get down to restrict the scope of the application of the open legislative consultation from the fatigue of legislative consultation. To solve the present problems of system and practice scientifically and rationally in China, it is necessary to take the following measures by summing up domestic and international experience and drawing lessons: to improve the legal systems on openly soliciting proposals for legislative projects, to deepen the system of legislative information disclosure, to enhance public participation ability on putting forward legislative project proposals, and to establish and perfect the mechanism of communication, negotiation and feedback between the legislatures and the public