立法回避制度之正当性探析

摘要

In China, the legal practice in some regions has made an enormous breakthrough in the area of the challenge system in the process of law-making. In the first part of this essay, there will be a brief analysis of the specific legal practice in Chongqing, which is followed by a summary involving various viewpoints on the challenge system in law-making both in the academic world and in the practice. On the basis of the previous part, the rationality and legality of the challenge system in law-making will be necessarily discussed. Finally, a conclusion will strongly be held by the essay that the challenge system of administrative rule-making can be theoretically justified in the Chinese context, which is full of great legitimacy.%实践中，个别地方的行政立法回避制度是我国行政立法程序制度发展的重大突破。在分析重庆市的具体制度实践并归纳总结现有关于立法回避制度的各种观点的基础上，对立法回避制度的合法合理性进行必要的反思，并最终认为，中国语境下的行政立法回避制度具有理论上的正当性，其存在是有现实依据和合理性基础的。