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WANG Shujuan. Theoretical Justification of Authorizing the Third Party to Draft a BillJ. Journal of Beijing Institute of Technology (Social Sciences Edition), 2021, 23(3): 161-172. DOI: 10.15918/j.jbitss1009-3370.2021.9414
Citation: WANG Shujuan. Theoretical Justification of Authorizing the Third Party to Draft a BillJ. Journal of Beijing Institute of Technology (Social Sciences Edition), 2021, 23(3): 161-172. DOI: 10.15918/j.jbitss1009-3370.2021.9414

Theoretical Justification of Authorizing the Third Party to Draft a Bill

  • The theoretical change in relationship between the nation and the society, together with the theoretical development of democratic participation, provides the theoretical foundation for the authorized third party to draft a bill. The Principal-agent Theory, Transaction Costs Theory and Public Goods Theory of economics evaluate the bill-drafting by the authorized third party from the angle of economics. The rise of new public administration with theory of governance has demonstrated the advantages of governance for drafting a bill by the authorized third party. The right to draft a bill shared by private party conforms to the principle of popular sovereignty established in the Constitution. Public-private Cooperation in legislation also accords to such theories on administrative law as conversational-style administrative law and cooperative administrative law. Therefore, these theoretical analyses from different perspective justify the bill-drafting by the authorized third party and we still need to legalize the system on the basis of those practical trial and exploration.
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