地方立法統一審議與初審關係檢視

An Review of the Relationship Between Uniformly Deliberation and Initial Deliberation in Local Legislation

從地方立法實踐看，初審程序與統一審議程序在審議重點上的界限不清和交叉重疊的制度設計，增加了兩者矛盾激化的風險和審議結論在理論上衝突的可能性。為避免不必要的審議衝突，初審應當突出“專＂的優勢，統一審議則應當突出“統＂的特點，同時通過委員身份兼任，以利於實現兩次審議關係相互協調。對於統一審議與初審的爭議，應當報經人大常委會二審時做出決定。

From the practice of local legislation, the ambiguous boundaries of deliberation emphasis and overlapped system design between the initial deliberation and the uniformly deliberation procedure increase the risk of intensifying their contradictions and the possibility of theoretical conflicts in deliberation conclusions. To avoid the unnecessary deliberation conflicts, the initial deliberation should focus on the feasibility of the draft while uniformly deliberations should mainly consider its harmonization with other regulations and laws, and the relationship between them can be coordinated through concurrent membership. The disputes between the uniformly and the initial deliberation should be decided by the Standing Committee of the People's Congress in the second deliberation.