A Study On Social Ecology Of The Present Chinese Legislation System

The 16th congress of the CPC (the Communist Party of China) clearly points out, "In order to adapt to the development of socialist market economics, the whole progress of society and the new situation of China's access into the WTO, China should enforce the work of legislation, enhance its quality and form the socialist law system with Chinese characteristics by the year of 2010." To improve the Chinese legislation system is the first need to enforce the work of legislation and enhance its quality. Therefore, it is of very important realistic significance to research the theoretical and practical problems of the Chinese legislation system.The dissertation is guided by the basic theories of Marxism politics, uses the methods of social ecological analyses, demonstrative research, comparative research, historical research, and so on. It enters on the social ecological surroundings of the present Chinese legislation system, relates from the science of legislation to politics fields, and closely throbs with the pulse of our country's reforms of political and economic systems. It recognizes the present Chinese legislation system as the organism of social ecological surroundings, comprehensively studies the structures of the present Chinese legislation system and its depending and interacting relations with all kinds of social ecology systems, and proposes the thinking and suggestions to improve the Chinese legislation system.The preface is the beginning of the dissertation. First, it reviews the academic backgrounds and the significance of the subject, and holds that researching the Chinese legislation system is a subject with advance and innovation. Second, it explains and defines such fundamental concepts as legislation, legislative power, the institution of legislation, legislation system and legislative subjects and so on. Third, it puts forward the research methods and the framework of the dissertation.Chapter 1 discusses and analyzes the characteristics of the present Chineselegislation system. First of all, it reviews the forming, developing and changing processes of the present Chinese legislation system, i.e., from the mode of multilevel decentralization to centralization of state power, and to the mode of concentration and moderate decentralization. Then, it analyzes and generalizes the following main characteristics of the present Chinese legislation system: (1) the legislative subjects with two grades and multiple levels; (2) the system of legislative power with concentration and moderate decentralization; (3) legislative function system by the effects of many factors.Chapter 2 discusses the interacting relations between the Chinese legislation system and political ecological surroundings. In the contemporary era of China, from the aspect of system, the political ecological surroundings mainly include: the cooperation system of many parties under the leadership of the CPC, people's congress system, system of country structure, administrative system and judicial system. The legislation system is also the component of social political ecological surroundings. The above systems respectively act on the Chinese legislation system, and, to different degrees, decide or affect the status of legislative subjects and the allocation of legislative power to different legislative subjects. Among the political ecological surroundings, the Chinese legislation system has relative independence, and its good moving can supply legal safeguards for all systems of political ecological surroundings.Chapter 3 discusses the interacting relations between the Chinese legislation system and economic ecological surroundings. It clearly brings forward: (1) Productivity is the momentum to promote the birth and development of legislation; (2) Production relations are the basic factors to affect and restrict the legislation system; (3) The legislation system reacts on economic ecological surroundings. It is through legislation that affirms economic relations, regulates economic actions, maintains social surroundings of develop...