A legal framework has been taking shape. But the goals of the country’s legislative efforts are far from being fully accomplished. Weaknesses have been found in these aspects:
- With an incomplete legislative law system, many law making activities find no laws to facilitate them. Legislation, in such cases, has to follow conventions, wills of leaders, or even act according to circumstances;
- Because of certain problems, and loopholes and deficiencies in legislative procedures, some law making efforts are hard to abide by completely. The Law on Legislation concentrates on summarizing the nation’s law making achievements. But it falls short in taking advantage of the proven experience of other countries. Further attempts should be made if China is to hit the target of joining international practices while keeping its own characteristics;
- China’s legislative efforts have been subject to the strong influence of the political parties, the Central Government, VIPs, major events and even some sudden mishaps. These effects are still outweighing or challenging the authority of written laws in many legislative practices.
All these call for a profound change and better implementation of legislative institutions. Painstaking efforts are necessary in guiding China’s legislation onto a legalized, democratic and scientific track. To join the international mainstream of legislative practices while keeping its own tradition, China’s legislation has to shake off these damaging influences.
Progress in the skills of law making has been embodied in legislative endeavors. However, further improvements are called for:
- To make the legal system more comprehensive with laws compatible, consistent and tuned up to work with one another;
- Civil and commercial laws, economic laws and administrative acts should be adjusted to conform with each other;
- Both the inner structure of each law and the universal configuration of the law system need to be polished;
- Provisions in the law should be more specific, accurate and serviceable;
- Scientific and tactical approaches should be employed in the whole process of legislation – brainstorming, decision-making, forecasting, planning, drafting, enacting, amending, replenishing, annulling and interpreting;
- The social environment and legal foundation should be well studied prior to legislation change. The ways, procedures and expectations of legislation should be carefully designed. Bills proposed should be better organized, filed and compiled.