Law Drafting Needs Pros-and-Cons

3:26:20 PM | 7/8/2005

Law Drafting Needs Pros-and-Cons

 

The Prime Minister on August 27 approved a scheme to enhance the quality of law-making activities. Law reform and development by the government over the past years has made significant achievements, especially the removal of a legal mechanism which was a legacy from the country’s planned and centralised economic period. The new system of laws sets up a legal foundation for the development of a socialism-oriented market economy, creating favourable conditions for the country to integrate into the world economy.

 

However, according to government analysis, the creation of laws still lacks some of the necessary rigour and long-term vision. Laws and ordinances for some fields such as the criminal justice system, economics and State apparatus organisations are constructed, amended and supplemented frequently while laws in the fields of culture, social policy, health, anti-corruption and judicial reform received less attention from law-marking bodies.

 

Therefore, the government’s scheme for enhancing quality law-making activities provided new regulations, requiring law-making bodies to make an assessment of the actual situation of State management in fields requiring law reform or development.  The bodies must also create drafts of the fundamental principles and major contents of forthcoming laws and ordinances in a structured manner.

According to instruction from the Prime Minister, all legal document drafts must be reviewed by consultative parties. Where reviews highlight differences of opinion, law-making agencies have the obligation to report them to state bodies, which have rights of consultation.

The scheme also stipulates that the Prime Minister will assign relevant state bodies to compile draft legal documents in fields relating to State secrets, national defence, security, religion and people. Meanwhile, law-making in socio-economic fields will be assigned to the relevant state bodies, or the PM will create a separate board and assessment council for those projects.

  • DKP