The Analysis Of Current Situation Of Legislative Rent-seeking In China And Relative Legislative Settlement

Diversity of interest ought to press everyone to maximize the most legal approval of one's interest. When the legal approval-seeking changed into unreasonable affecting on the legislating process and obtaining a type of interest disagreed with social positive evaluation, legislative rent-seeking has appeared as an unreasonable form of interest-expressing in legislation. In current China, legislative rent-seeking has a trend to spread out. Administrative branch and interest group seek unreasonable express of surplus interest by its own power and monopoly state, and change the surplus interest into law by national authority. Legislative rent-seeking is newly emerging thing, the theory on it is not deep, the public has had no idea about it. But, the existence and spreading of legislative rent-seeking is factual, we cannot ignore it. Legislative rent-seeking is the rent-seekers'malicious actions on its appearance, but in fact it is the deficiency in the system and absence of systems that cause it to be a tool to seek the unreasonable interest, whatever the deficiency and absence are rooted of basic system or legislative system.. We must go back into the legislative progress and legislative system to solve the problem completely. Consummating the legislative system is the basic way to"pre-offend"legislative rent-seeking, and the optimization of legislative supervising system is an effective way to get rid of legislative rent-seeking afterward.In this article, the author analysize the current situation and study the legislative settlement on the path of making definition of the analysis of the current situation, finding the reasons and the legislative settlements by comparing statistics and inducing and deducing. This article contains three chapters besides the introduction :In the Chapter 1., the definition is made. The western theory on rent-seeking is reorganized and the common character are drawn out. Then, the author turn to the legislative field, and make the definition of legislative rent-seeking and analysize legislative rent-seeking at the angles of subject, object and process. Finally, rent-seeking, legislative corruption and legislative persuadation are distinguished and compared, and differences between them are raised.In Chapter 2., the current situation of legislative rent-seeking is analysized . The current situation of rent-seeking is analysized from two aspects of public recognization and current situation. The theoretical and public cognition are analysized from two aspects of statistics and documentary analysis in the field of public cognition of legislative rent-seeking. The current situation is analysized from three aspects of listing the cases, classifying the cases and analysizing the character in the current appearances of rent-seeking.In Chapter3., the root and settlement of legislative rent-seeking is studied. The root of legislative rent-seeking is researched two aspects of the roots of basic system and the legislative system. And the deficiency and absence of the system as the root of legislative rent-seeking is raised. At last, consummation of rent-seeking is raised from two aspects of legislative procedure and legislative supervising system..