On The Pressure-induced Legislation

Pressure-induced legislation is a special form of legislative action which is formed due to the internal or external pressure or an interaction of both. The general and rational state legislation, to some extent, takes into account the human behavior rules evolved in the process of society. However, Pressure-induced legislation is made due to the information interference or even misleading by the media, the intervenes of political and right's discourse, or the influence exposed by the strong interest group. All these elements make pressure-induced legislation become a irrational "institutional collusion" far exceeding the general concept of state legislation based on rationalism. In this respect, pressure-induced legislation is a kind of irrational legislative act generated by information restriction, government, interest groups and media.Legal system demonstrates a constancy of the rules. On the contrary, pressure-induced legislation often lacks the required peace, objectivity, care and entirety, but illustrates its departure from rational decision-making, which will trigger a series of unfair and inefficient redistribution effect. The Labour Contract Law is an example of pressure-induced legislation. The government-led legislation in the Labour Contract Law resulted in the unfair distribution of rights, the unbalance between different legislative actors, excessive infiltration of the media discourse, the lack of the cost-benefit analysis, the disability of the legislators and the intact of objective legislative information. The non-fixed term contract, for example, caused the "lose-lose" situation between employees and employers, revealing the adverse consequences of pressure-induced legislation.Therefore, the rational and scientific legislation require the legislative model change from government-led model to market-oriented one, through which the balance between legislative actors, the promotion of the lawmaker's cognitive structure and the diversification of sources of knowledge to enhance their own information capability, the establishment of the legislator-oriented legislative information access mechanism, the avoidance of the excessive intervene of media, and the appropriate use of cost-benefit analysis can be fulfilled. All these institutional arrangements help the legislators respond to the pressures generated in a transforming society, act rationally and scientifically, and avoid the pressure-induced legislation, thus ultimately increasing the welfare of the society as a whole.