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新近出台的《广东省岭南中药材保护条例》率先在全国对中药材进行了立法保护,首创性地推出了符合广东地方实际且颇具岭南特色的一系列制度,可谓地方推进科学立法、民主立法、精细立法的一次生动有益的实践。然而,法规的制定过程却充满了诸多疑难和障碍,例如,人大如何主导立法?在缺乏上位法的情况下如何立法?立法需求众多如何调整?如何突出重点做好制度设计?如何规范厘清部门职责?如何确保资金保障到位?等等。针对上述问题,法规起草采取了人大主导、多方参与的工作机制,牢固把握中药材产业链前端保护、借助多重质量控制机制、突出“一笔保护资金、两块保护基地”等关键措施,以最新的立法理论为指导,拿出破除难题的方案,针对问题立法,力求立法解决问题,相关制度设计及立法经验殊值参考。
The recently promulgated Regulations on the Protection of Chinese Lingnan Medicinal Materials in Guangdong Province took the lead in nationwide legislation on the protection of Chinese herbal medicines and pioneered the series of systems that conform to the actual conditions in Lingnan and which are quite characteristic of the Lingnan region. They can be described as promoting the development of scientific legislation, democratic legislation, A vivid and useful practice of fine legislation. However, the process of formulating laws and regulations is full of many difficulties and obstacles. For example, how does the NPC lead the legislation? How to legislate in the absence of the PC? How to adjust the legislative needs? How to highlight the key points of system design? How to ensure that funds are in place? In view of the above problems, the drafting of laws and regulations has adopted a working mechanism dominated by the NPC and a multi-participatory approach, firmly grasping the front-end protection of the Chinese herbal medicine industry chain, highlighting key measures such as “one fund for protection and two bases for protection” through multiple quality control mechanisms, Guided by the latest legislative theories, we have come up with a solution to the problem of breaking through the laws. We aim at legislating on the issues and trying to solve the problems through legislation. We also make reference to the design of relevant systems and to the legislative experience.