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立法决策与立法起草是立法过程中两项极其重要的内容,厘清两者之间的关系具有重要的理论意义和现实意义。本文认为,立法决策与立法起草之间既存在着原则性的界限,有着根本性的区别,同时两者之间的界限又是模糊的,存在着相互交叉的部分;两者之间的关系模式有三种:一是先决策后起草模式,二是先起草后决策模式,三是两者同时进行模式。立法决策与立法起草之间的法治定位是:立法决策权是一种不可授之权,立法起草权是一种可委托之权。由此出发,应使立法决策权回归,立法起草权对外开放。
Legislative decision-making and drafting legislation are two extremely important contents in the legislative process. It is of great theoretical and practical significance to clarify the relationship between the two. This paper argues that there is not only a fundamental distinction between legislative decision-making and legislative drafting, but also a fundamental distinction between the legislative decision and legislative drafting. At the same time, the boundary between the two is ambiguous and interdependent. The relationship between the two There are three: First, the decision-making drafting mode, the second is to draft the decision-making model, the third is the two modes. The legal rule between legislative decision-making and legislative drafting is: Legislative decision-making power is an undisputed right, and legislative drafting power is a delegated right. Proceeding from this, we should return the legislative decision-making power and open the legislative drafting right.