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On the public participation mechanisms Legislation
Author: WeiWenYu
Tutor: YaoRongMao
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Legislation Public Participation Mechanism
CLC: D920.0
Type: Master's thesis
Year: 2008
Downloads: 261
Quote: 3
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Abstract
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Philosopher Aristotle's classic definition of the rule of law is the \must be a good law. Only good law, in order to obtain public recognition and wider society to follow in order to achieve the legal concept of the supremacy of the modern state. Good law is a prerequisite, public recognition is destiny, the construction of socialist rule China is no exception. At present, China's legislative situation is: the number of legislators Piyue laws enacted contained shelved often difficult to implement, so that people can not be long-awaited introduction of the law was a long time, showing between the legislature and the usage of embarrassment. Academic debate on judicial reform over the years did not seem to make the \beginning to develop a comprehensive legislative opinions from the public, the legal integration of public interest, in order to achieve the effectiveness and value of the law. Addition to the introduction text is divided into five parts, the first part of the macro and micro perspectives on the current situation of China's legislative analysis. Macro recalled China's legislative path of exploration, according to domestic legislation summed up the situation in the future development trend of China's legislative work, clearly the characteristics of China's legislative developments and tasks; microscopically examines the reality of China's legislation exists, through empirical research data Description of legislation in the ideal and reality, and it ought gap that exists between the Real. Through the first part of the second part of the issues raised for reflection, there is reason to explore its effectiveness and the legislative, social, democratic influence, combined with the practice of the new legislative initiatives, proposed legislation to build public participation mechanisms to achieve legislative value of the inevitable choice. The third part is based on the theory of legislative participation, demonstration of public participation mechanisms legislative rationality of existence, and from the comparative analysis of domestic and international legislative practices seek to build our practice of public participation mechanisms legislative basis that its feasibility. Facts have proved that in our legislative reform legislation introduced in the public participation mechanisms necessary and feasible. Legislation on public participation in practice usually try to publish draft legislation and held seminars, legislative hearings and other methods, but these practices with foreign advanced legislative system of participation compared to only the primary form of public participation in the legislative, and the system has yet to be standardized technology. The fourth part analyzes the practice of legislative involvement plight, including institutional obstacles and our citizens on the unique legal psychological conflicts, which is to regulate public participation model legislation to build public participation mechanisms legislative bottleneck, and must be overcome problems. Based on the analysis of practical difficulties, a clear legislative building of public participation mechanisms specific issues to be addressed to facilitate propose appropriate solutions. The fifth part of the public on how to build legislative participation mechanisms make recommendations accordingly, actual foothold on the basis of our legislation, drawing some promising practices at home and abroad, from the clear legal guidelines to optimize the institutional environment, eliminating citizen concerns three aspects in detail Construction of the legislation discussed public participation mechanisms countermeasures expectations by building public participation in legislative mechanism to achieve our \
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