How to study and implement the legislative law to improve the quality of local legislation

Local legislative power is an important power entrusted to the National People's Congress and its Standing Committee by the Constitution and laws. Actively doing a good job in local legislation according to law is of great significance for ensuring and promoting the sound and rapid development of local economy and society. The Standing Committee of Qingdao Municipal People's Congress attaches great importance to legislative work, conscientiously implements the legislative law, adheres to the close integration of legislation with major decisions on reform, development and stability, adheres to the people-oriented principle, safeguards social fairness and justice, safeguards the unity of the national legal system, highlights local characteristics, pays attention to legislation in the social field, and expresses, balances and adjusts the interests of all parties. Since the implementation of the legislative law, * * * has formulated and revised 6 local regulations1piece, made 8 revision decisions and made 2 abolition decisions1piece. A number of important reform achievements have been fixed in the form of laws and regulations, and some major issues related to the scientific development and long-term development of cities have been standardized and clarified through local legislation. In the process of developing market economy, some conflicts and interests demands of multiple stakeholders have been balanced and adjusted through local legislation.

First, adhere to local legislation to serve the overall situation of reform, development and stability, and ensure and promote coordinated economic and social development.

With the implementation of the legislative law in 2000 as a symbol, the local legislation in our city has entered the stage of standardization, institutionalization and proceduralization. The legislative idea has also changed from focusing on the quantity and speed of legislation to focusing on the quality and efficiency of legislation. The legislative focus has changed from emphasizing economic legislation to paying more attention to social legislation, and efforts have been made to make local legislation adapt to the overall situation of reform, development and stability and keep pace with economic and social development.

Since the implementation of the legislative law 10, local laws and regulations have been formulated to promote technological innovation of enterprises, such as patent protection, marine fishery management, water law, tobacco monopoly law, and energy conservation of civil buildings, in improving the socialist market economic system, cultivating and developing pillar industries, and promoting technological innovation of enterprises. The formulation and implementation of these laws and regulations have played an important role in improving the socialist market economic system, promoting economic restructuring, improving the quality of economic growth, and ensuring and promoting the sound and rapid development of Qingdao's economy. Since the 17th National Congress of the Communist Party of China, in order to adapt to the major changes in the Party's guiding principles and around the implementation of Scientific Outlook on Development, we have actively promoted the adjustment of legislative priorities and made efforts to give full play to the role of local legislation in safeguarding and promoting scientific development.

First, pay more attention to the legislation in the social field to ensure and promote the construction of a harmonious socialist society. With the deepening of reform and development, some deep-seated contradictions and differences of interests are increasingly reflected in legislation, and the demand for solving social contradictions and promoting social equity through legislation is becoming stronger and stronger. While continuing to do a good job in economic legislation, we should pay more attention to strengthening legislation in the social field, give full play to the important role of local legislation in promoting social equity, resolving social contradictions, maintaining social stability and promoting coordinated economic and social development, speed up the improvement of the legal system of social construction and social management that is compatible with social transformation and economic transition, properly handle the interests of all sectors of society, and take into account the interests and requirements of all sectors. For example, in improving the social security system, laws and regulations such as the new rural cooperative medical care regulations have been formulated; In promoting the development of social undertakings, laws and regulations such as the Measures for the Administration of School Buildings and the Measures for the Implementation of the Red Cross Law have been formulated. In terms of ensuring people's basic livelihood, laws and regulations on urban heating, urban water supply and drinking water source protection have been formulated; In terms of protecting the rights and interests of special groups, laws and regulations have been formulated to protect the legitimate rights and interests of the disabled, some provisions of the law on protecting the rights and interests of the elderly have been implemented, and the law on protecting the rights and interests of women has been implemented. In strengthening social management, regulations on taxi passenger transport, parking lot management and forest park management have been formulated.

Second, pay more attention to the protection of resources and ecological environment by legislation. Years of practice have proved that effective protection measures are determined by legislation, which is conducive to fundamentally protecting resources and the environment for a long time. Since the implementation of the legislative law, we have formulated and revised the 16 regulations on resources and environmental protection, especially the regulations on the management of forest parks, uninhabited islands, marine environmental protection and river management formulated in recent years, which run through the concept of "protection first" and stipulate very strict protection measures. When formulating the Regulations on the Administration of Islands without Residents in Qingdao, the draft bill submitted by the government to the Standing Committee for deliberation highlighted the development and utilization of islands and put the protection of islands in a secondary position. During the preliminary examination, the members put forward their opinions one after another. On the basis of full coordination with the government, based on the protection of the ecological environment and the realization of sustainable development, the guiding ideology and main contents of the regulations have been greatly adjusted, the principle of "unified planning, priority protection and restricted utilization" has been established, and a series of protective measures have been comprehensively and meticulously stipulated, effectively protecting marine resources and the marine environment.

Third, pay more attention to people-oriented, improve people's livelihood, and earnestly safeguard the fundamental interests of the people. We always put the fundamental interests of the people in the first place, and strive to solve the most concerned, direct and realistic interests of the people. The formulation of each law and the setting of each clause strive to adhere to the fundamental principle of putting people's interests first, ensure that the legitimate rights and interests of citizens, legal persons and other organizations are not infringed, and at the same time seriously consider and give consideration to the interests of different parties. The revised "Administrative Measures for Urban Building Planning" will expand the scope of application from Qingdao urban planning area to county-level urban planning area, expand the sunshine spacing of buildings, strengthen post-approval management and legalize the planning publicity system. Formulated the "Several Provisions on the Implementation of the Blood Donation Law", defined the fixed blood collection points, and stipulated more favorable blood donation policies and related treatment for blood donors. After two revisions, the Urban Heating Regulations appropriately extended the heating period, raised the heating temperature, defined the charging standard, and defined the rights and responsibilities of both heating units and users. When formulating and implementing the law on the protection of women's rights and interests, it clearly stipulates the protection of women's political rights, cultural and educational rights, labor and social security rights, personal rights and property rights, marriage and family rights and so on. The revised Regulations on the Administration of Urban Real Estate Demolition determines the "sales price of new commercial housing in the demolition area" as the compensation standard, and stipulates the minimum guaranteed area, which improves the compensation standard for the demolished people and effectively safeguards and protects the legitimate rights and interests of the demolished people.

Second, persist in highlighting local characteristics and strive to improve the effectiveness of local legislation.

Highlighting local characteristics is the life of local legislation and the long-term principle of local legislation in our city. When establishing the project and determining the content of regulation adjustment, we always emphasize proceeding from reality, based on Qingdao's distinctive advantages, making efforts to solve the outstanding problems in the economic and social development of coastal cities, and giving full play to the role of local legislation in promoting the scientific development, pioneering development and harmonious development of coastal cities.

First, focus on highlighting marine characteristics. Qingdao is an open coastal city with rich marine resources. In order to promote the sustainable utilization of marine resources, we have successively formulated laws and regulations on environmental protection in coastal waters, coastal zone planning, marine fisheries, management of sea area use and management of uninhabited islands, and initially formed a set of local laws and regulations system for the protection and utilization of marine resources. When formulating regulations on marine environmental protection, it is explicitly prohibited to build or expand projects with serious pollution such as chemical industry, printing and dyeing, paper making and electroplating along the coast of Jiaozhou Bay. It is forbidden to directly discharge industrial wastewater and domestic sewage into Jiaozhou Bay; The newly-built sewage treatment plant discharging wastewater into Jiaozhou Bay must implement the first-class A standard stipulated by the state.

The second is to highlight the port characteristics. Qingdao is a port city, with the largest container berth in China, trading with more than 450 ports in 150 countries and regions around the world, and the maritime traffic is very busy. In order to maintain maritime traffic safety, we have formulated the Regulations on Maritime Traffic Safety, which regulates matters such as traffic safety in the waters of Qingdao Port, port sewage discharge, maritime emergency rescue and passenger ship management. To provide legal protection for our city to implement the strategy of "prospering the city with Hong Kong" and develop the port and shipping industry.

The third is to highlight the characteristics of the Olympic Games. Qingdao is an Olympic city. In 2008, the sailing competition of Beijing Olympic Games and Paralympic Games was successfully held. In order to ensure the smooth progress of the competition, after in-depth investigation and study, we made a timely decision to further improve the legal guarantee for successfully hosting the 2008 Olympic sailing competition, providing a good legal environment for successfully hosting the Olympic and Paralympic sailing competitions.

Fourth, pay attention to highlighting cultural characteristics. Qingdao is a famous historical and cultural city with distinctive urban characteristics. In order to plan, build and manage this city well, we have formulated laws and regulations on urban architectural planning, urban landscape protection, city appearance and environmental sanitation, urban greening and forest park management. , effectively protecting and continuing the historical context of Qingdao.

Third, adhere to scientific and democratic legislation and effectively improve the quality of legislation.

Scientific and democratic legislation is the only way for local legislation. Over the years, we have actively explored effective channels, methods and measures for scientific and democratic legislation, which has provided a strong guarantee for continuously improving the quality of local legislation.

First, strive to build a platform for expressing interests and actively promote democratic legislation. Through seminars, hearings, public comments, questionnaires and other forms, fully express opinions from all sides. For example, in 2005, a legislative hearing was held on the Qingdao Property Management Regulations (Draft), and in 2007, a legislative hearing was held on the Qingdao Parking Management Regulations (Draft), so that people could fully express their opinions on the important issues involved in the regulations. When formulating the Regulations on the Management of Parking Lots in Qingdao, in addition to holding regular symposiums, special public symposiums were also held, and all the citizens who participated in the symposiums were registered to ensure the "authentic" public opinion. In addition, we have also established a public solicitation system for legislative projects and improved the system for publishing draft regulations. For legislation closely related to the masses, we should insist on asking questions from the people. For example, through newspapers, internet, questionnaires, household surveys, etc., the urban dispatching team solicited opinions from more than 1 10,000 people on whether to lift the ban on fireworks and firecrackers in urban areas, which provided a basis for legislative decision-making. Practice has proved that the construction of public opinion expression platform in the legislative process can not only provide good reference opinions and suggestions for the revision of local laws and regulations, but also provide an important channel for the masses to express their interests, protect the masses' right to know, participate and express, and make the legislative process a process of releasing social pressure, which is conducive to the construction of a harmonious society. At the same time, this platform also allows the masses to understand legislation in participating in legislation and lay a good foundation for the implementation of laws and regulations in the future.

The second is to build an intellectual support platform for local legislation and solidly promote scientific legislation. We have always believed that to do a good job in legislation, theory must go first. Over the years, we have jointly established several research groups with China Ocean University Law School, Qingdao University, Party School of Qingdao Municipal Committee and other universities, such as the research group on authorized provisions of laws and regulations, the research group on legislative technical specifications, and the research group on regulation cleaning. The research results of the research group have well guided the legislative practice. In 2004, we also entrusted two well-known law firms in Daocheng to draft "Qingdao Property Management Regulations" and "Qingdao Urban Real Estate Development and Management Regulations" with the advantages of rich legal talents and proficient professional knowledge. The two drafts played an important role in the smooth promulgation of the regulations with lawyers' unique perspective and professionalism. In order to make up for the shortage of professionals, we have also established an internship point for law graduate students in cooperation with China Ocean University, and accepted the internship of law graduate students from Ocean University to the law studio all the year round to achieve benign complementarity; In order to make up for the lack of practical experience, we choose 2 1 enterprises such as Haier Group and University Soft Control as the contact points of local legislation, and most laws and regulations, especially economic regulations, should seek the opinions of all contact points. The current Standing Committee has done a lot of work in playing the role of expert "think tank". For example, in 2009, when Qingdao formulated the Regulations on Marine Environmental Protection, Qingdao made full use of its advantages in marine scientific research, organized experts and scholars in marine ecology, marine geology and marine fisheries, and held a demonstration meeting to seriously demonstrate marine ecological protection and marine pollution prevention and control, which provided a theoretical basis for the legislative decision-making of the Standing Committee of the Municipal People's Congress.

Third, attach importance to the simultaneous reform and abolition, and earnestly safeguard the unity of the national legal system. While formulating new laws and regulations, we should actively revise and abolish the original laws and regulations that do not meet the needs of reform and development. For example, in 2004, according to the requirements of the state's implementation of the administrative licensing law, the organization conducted a centralized clean-up review of local regulations, and made timely decisions to amend 19 local regulations such as the Regulations on Public Security in Units and abolish 8 local regulations such as the Measures for the Protection and Management of Basic Farmland, which laid the foundation for the full implementation of the administrative licensing law. At the 20th meeting of the Standing Committee of the 14th Municipal People's Congress just held, we made a decision on abolishing eight local regulations, such as the Measures for the Administration of Private Houses in Cities. Of the 6 1 laws and decisions passed since the implementation of the legislative law, 45 laws were amended, changed or abolished, accounting for more than two thirds.

Four, adhere to improve the legislative system and mechanism, and constantly improve the level of legislative work.

Insisting on perfecting the legislative system and mechanism is the premise and foundation to improve the quality of legislation. Normative documents such as technical specifications for local laws and regulations, further improving the drafting of local laws and regulations, rules for soliciting opinions on local laws and regulations, methods for preparing annual legislative plans, and interim provisions on legislative hearings have been formulated successively, which standardized the whole process from the preparation of annual legislative plans to the drafting, demonstration and revision of laws and regulations.

The first is to standardize the legislative planning system. Everything is established in advance, and it is abolished if it is not foreseen. In practice, we attach great importance to the preparation of legislative plans. In the process of formulating the legislative plan, priority should be given to projects that reflect major decisions on reform, development and stability, to independent and pioneering legislative projects, to projects that need to be revised or abolished because the original local regulations conflict with laws and administrative regulations, and to projects that are in urgent need of local development and are mature. On this basis, the principles, institutions and time for the preparation of the annual legislative plan, the suggestions, public solicitation, demonstration and determination of the legislative plan items, and the connection between the legislative project library and the annual legislative plan were clarified, which further standardized the preparation and implementation of the legislative plan.

The second is to standardize the drafting system of draft regulations. In the drafting of laws and regulations, it is necessary to form a high-quality and capable drafting team to implement tasks, time, institutions, responsibilities and funds. Before drafting, carefully study and understand the relevant laws and regulations and the party's line, principles and policies, carry out in-depth legislative investigation and study, comprehensively and accurately grasp the development reality of Qingdao, and identify the main problems to be solved in legislation. Constantly improve the drafting mechanism of laws and regulations, broaden the drafting channels, combine legislators, practitioners and theoretical workers, give full play to their respective advantages, better combine theory with practice, and better reflect the interests and will of the people.

The third is to establish and improve a unified review system. The implementation of the unified deliberation system can better solve the problems of ultra vires legislation, conflict between regulations and laws, nonstandard democratic procedures, and low quality of legislation driven by departmental interests, which is an important guarantee for maintaining the unity of the national legal system and improving the quality of legislation. Practice has proved that this system, while insisting on unified deliberation, gives full play to the advantages, enthusiasm and creativity of the Legal Affairs Committee and other special committees, effectively safeguards the unity of the national legal system and improves the quality of legislation.

Fourth, a legislative coordination mechanism has been established. Through coordination, major contradictions and differences in legislation should be resolved before being submitted to the Standing Committee for deliberation; Through coordination, correctly handle the relationship between the Standing Committee of the Municipal People's Congress and the municipal government, the Standing Committee of the Municipal People's Congress and the special committees of the district (city) people's congresses and legal committees, and study and deal with the problems encountered in the deliberation of laws and regulations.

The fifth is to set up a law committee. We established the Law Committee on 200 1 to constantly improve the industry composition and knowledge structure of the members of the Law Committee. For example, 1 1 members of this Law Committee come from universities, scientific research, medical and health care, politics and law, industrial enterprises, commercial enterprises, construction and urban and rural grassroots units and other industries; From the perspective of knowledge structure, some students study law, while others study other majors; Judging from the alternation between the old and the new, there are 9 new members and 2 old members of the Legal Committee. This structure fully considers the needs of legislative work, which embodies both professionalism and universality, pays attention to both theoretical guidance and practical experience, embodies the continuity of work and highlights the innovation of work, and provides a strong organizational guarantee for local legislative work in our city.