| Legislation is distributions of the real and potential social interests. As a key social regulator, it relates to the welfare and interests of a nation as well as its people. Generally, civil legislations in most countries, including China, adopt an indirect democratic way and take representative system as carrier. Representative system was produced by numerous choices and fights. Born in Britain in the13th century, it swiftly spread to many other countries. After the second world war, almost all countries were at least representative in form. The representative system is defined by famous British political thinker John Mill in ’Governments under Representative Systems’ as ’All or most people exercise ultimate control by electing representatives at a regular time. This right exists in somewhere in all regimes. The people must take total control of this right, which enables them to be the master of the government at any time they pleases.’ Despite the complicated historic and cultural causes of each phenomenon, we should admit that both advanced and developing countries agree the value and advance of representative democracy. The representative system is the best form of governments for its emphasis on political democracy, widening of people’s participation, which addressed the challenges of huge territory and population in modern countries. However, it exposes some limits such as partisanship.In order to address shortages such as the "Mack of representative", many counties introduced some direct democratic ways to achieve higher level of democracy. They collect people’s opinion, hold seminars and hearings and legislative negotiation and even bring about the referendum system. But as a new system, the process of collecting advices is not perfect. We haven’t done enough research about this area. In the modern society, citizens’ concepts of the rule of law and participation have greatly improved, so do their requirement towards democracy and transparency. Therefore, in terms of the legislature, it’s vital to choose to seek people’s opinion to the laws. The success of seeking people’s opinion publicly is not only related with the effectiveness of public’s participation in legislation but also is a pivotal sign of completeness of the legislative process,an embodiment of advance in democratic politics as well as an representation to civil rights.The process of seeking civil opinion publicly is that of promoting democracy. If a proper method, emphasizing cooperation and participation of the public, is adopted in the process of legislation by legislative department, then the results will be much scientific and democratic rather than formalistic. Besides. it will be benefit to help interiorize the concept of law and enforce the law. In long term, it will also save the social costs and promote the harmonious of the society.In order to refine the approaches of seeking opinions publicly and improve the implementation effect, this essay apply a relative systematic research to it by adopting a comparative study method. In this essay,we organize the methods of seeking opinions used in and abroad.compare their advantages and disadvantages, and also propose the initial supposition of the construction of consultation by multi-methods... |
PDF Full Text Request