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The Improvement of China’s Legislation Hearing System from the Perspective of Deliberative Democracy Theory

Author: DuLiMin
Tutor: LiuHongZhen
School: Jilin University
Course: Legal Theory
Keywords: Deliberative Democracy Public Consultation Legislative Hearing
CLC: D920.0
Type: Master's thesis
Year: 2011
Downloads: 82
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Abstract


Legislative hearing system is very important for improving the process of democratization in legislation. Because of a late start in china, Legislative Hearing System is hard to play a role. Especially the" PRC Legislation Law" and "Rule Making Procedure Ordinance" have not give a clear provision about the procedure of Legislative Hearing System which leading to a lack of operability. Generally speaking, Legislative Hearing System in china is still in the exploratory stage.The thesis is based on the fit of Deliberative Democracy Theory and Legislative Hearing System in China. Deliberative Democracy Theory provide an important inspiration for exploring Legislative Hearing System in China.The fit between Deliberative Democracy Theory and Legislative Hearing System is that they all pursue legitimacy of decision through deliberation. Deliberative Democracy Theory pay attention to democratic legislative process, and the degree of democracy can be increased from using negotiation in the legislative process. The first part provides a brief overview of the Deliberative Democracy Theory. Which has two sources, they are Liberal Constitutionalism and Critical Theory. The second part discusses citizen participation, capacity inequality and public consultation which have important inspiration for perfecting Legislative Hearing System in China. It does not require hearings are held before any formulation of law. The scope of legislative hearings should be defined in a certain range——it is related to significant changes in civil rights or public interests. The conception about equality of capacities needs pay more attention to improving people’s capacities on legislative hearings. Inclusive agenda setting and consideration of collective action in legislative hearing can make up for a lack of ability to participate in the legislative hearings. Study on dialogue mechanism of public consultation is helpful to building dialogue mechanism in Legislative Hearing System. The third part discusses the improvement on Legislative Hearing System in China from the perspective of Deliberative Democracy Theory which including the improvement on how to select legislative hearing participants, how to set the agenda and reporting system in legislative hearings. The reform and improvement in these three aspects has great significance for the construction of China’s Legislative Hearing System.On the Deliberative Democracy Theory, the thesis aims to explore the fit between Deliberative Democracy Theory and Legislative Hearing System, and provide a valid path to the improvement of China’s Legislative Hearing System. The process of legislative hearing is also a process of public consultation which needs the participants’ public use of reason. Therefore, the institutional framework of public consultation in the Deliberative Democracy Theory has an important reference on the improvement of Legislative Hearing System in China.

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CLC: > Political, legal > Legal > Chinese law > Theory
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