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On Public Participation In The Legislative Process

Posted on:2010-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:J GuoFull Text:PDF
GTID:2206360302975693Subject:Legal theory
Abstract/Summary:
This paper is to research the public participation in legislative process, which is a rich and infinite theory. Public participation in legislation is the involvement of ordinary citizens through the legislative process and the formulation of the law to influence the outcome of the activities to the Legislative and feasible way of democracy. In our country in order to promote the process of economic development, democracy is becoming increasingly prominent, and the public is generally insufficient to show participation in the Legislative Council. With public awareness and participation of legal awareness, people require participation in the legislative process in order to achieve their interests, which promote the rule of law so that the public has become a significant force in the building. The emergence of public participation in the legislative history is not accidental, but inevitable democratic system is an important supplement to representative democracy. In contemporary public participation in legislation embodies the fundamental values of democracy, the rule of law in China to achieve the establishment of a socialist country ruled by law is of great significance. Believe that this will further promote China's democracy, human rights, development and is of great significance for achieve a balance of modern administrative government. This paper has three parts: the introduction, body and conclusion. The brief introduction to a number of legislative pointing the view that the nature of the legislative process and the issue of public participation is the case of China has yet to be recognized and solved. The conclusion of the legislative process reaffirmed the importance of public participation, at the same time author give the outlook and expectations of the Chinese public participation in the legislative process in the future.The textual material is divided into three partial contents. The first section has analyzed the elementary theory the public participation in the legislative process, involves the implication of the public participation in the legal, principle theory of public participation and the necessity of public participation. The rational lay on the theories of people's sovereignty belonging to the people. The people request the equality, legislative power equality ground-return belonged to the people, public participation also become more and more valuable in the educational world. The legislative question involves to multi-level, the different main body conflicts of interest, the related decision-making must make the comprehensive consideration balance to each kind of conflict benefit, this is the most important characteristic in the legislation. Through led the divergent interest main body which the legislation involves participate in the related procedure, by its own behavior with the dialog, the consultation and the compromise solves becomes more realistic feasible, how does such public benefit realize turns to the procedure participation right how to obtain. In the second section I introduce the practice of legislates and the way in our country in the process of the public participation and the question which in the process of the public participation which must be solved, although our country's legislative public participation has made very big progress, but participation level was quite still low, the participation skill was low, and has many imperfect places to urgently need us to solve. Therefore, third part from the sense of participation the strengthening and participation technology enhancement, correlation system's consummation and so on is the solution of the Chinese public participates in the legislative question. In our country, the best pattern of the public participate is the ordering legislation participates in the development model, established in the citizen main body consciousness, established in founded balanced legislative participation, and in the harmony intrinsic legislative participation rule. This is the basic way for our country's public participate construction.In this paper, the basic point is: from political science, sociology, public choice theory and other areas to examine the perspective of public participation in the legislative process, in such a legal theory and with law practice to theory as the guide, through the analysis of practice, the issue of public participation in China's legislative process will be resolved in future. Certainly, the public participates in the legislative pattern the construction will not being able to be problem-free, its construction process will be filled with difficult and is rough. But human history's development is enormous and powerful, it leads the way unceasingly along her path, moves toward the harmonious order inevitably gradually by the chaotic disorder, the goal of participation toward the promotion democracy's legislative public will go forward unceasingly.
Keywords/Search Tags:legislation, public participation, public participation in the Legislative Council
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