Public Participation In The Legislative System Model Study

Legislative democracy includes the democracy of legislative content and the democracy of legislative procedure, among which the democracy of the legislative content is the concrete measure and mechanism to realize the democracy of legislative content. People's participation in legislation is the procedural safeguard to ensure legislative democracy, and without people's participation, legislative democracy can only be an ideal. In addition, without the ideal and goal of legislative democracy, people's democratic participation in legislation will lose its developing direction. In order to realize legislative democracy, an human ideal, peoples all over the world have already explored and then developed many systems for themselves to participate in various legislation, such as the people's conference system in ancient Greece, the system of legislative referendum and initiatives, the parliament election system, the open system of legislation, the system of legislative hearing, and the lobbying system of interest groups etc. Such systematic arrangements mentioned above are the generation of mankind's practical experience and the crystallization of human's intelligence in the past, which to a certain extent have realized and ensured legislative democracy. But under a new historical condition, how to perfect the system for the public to participate legislation with an eye to realize the human ideal of legislative democracy requires that the inherent law for the public to participate legislation should be further explored, based on which innovation is to be implemented in the system for the public to participate legislation. This dissertation holds that the inherent law for the public to participate the legislation can be better revealed after the numerous and complicated historical representation have been gotten rid of on condition that the pattern analysis has been adoptedAccording to the influence that the public participation exerts on legislation, the systematic pattern for the public to participate legislation can be divided into the strong participation pattern, the weak participation pattern and the deliberative participation pattern. The strong participation pattern regard people's virtue as its foundation and dynamic, people's equality in terms of resource as its necessary condition, the political integration as its operating mechanism, the public will as its logically starting point and end, so it has reflected the idea of people's sovereignty and people's participation. The systematic arrangement under the strong participation pattern has positive functions such as strengthening citizen's education and ensuring legislative supervision, but it also has its side-effects such as low efficiency and arbitrary legislation. The weak participation, however, pattern is different. Such an pattern regards individual's interests as its foundation and dynamic, the negative freedom as its necessary condition, the interest accumulation as its operating mechanism, the balance of interest as its logically starting point and end in terms of logic, so it has reflected the idea of liberal democracy while full of the quality of realism and rational choice. The systematic arrangement under the weak participation pattern can improve legislative efficiency, ensure rational legislation, but it is at risk of anti-democracy such as legislative manipulation and rent–seeking legislation. The deliberative participation pattern attempts to use the idea of deliberative democracy to clear up the intension and antithesis between liberal democracy and people's democracy with an eye to strengthen the communication and coordination between them, so, the deliberative participation pattern regard preference conversion as its foundation and dynamic with an eye to unify the individual interests and people's virtue. It also regards the equality in people's ability as the necessary condition in order to co-ordinate negative freedom and the equality in terms of resource. It regards pubic deliberation as its operating mechanism in order to unify interest-accumulation and political integration. And finally it also regards legality as its logically starting point and end in order to co-ordinate the balance of interest and the public will. So, the deliberative participation pattern is the perfection as well as the transcendence of the other two patterns, the strong participation pattern and the weak participation pattern, and in some degree the deliberative participation pattern has represented the developing trend of the public participation in legislation. However, the deliberative participation pattern, still in progress and perfection, obviously has its own defects, especially in the difficulties it is facing, such as its system design, its system implementation.Based on the analysis of the different system pattern under which the public participation in legislation, this dissertation holds that each system pattern contains one's own basic ideas, its own elements, and accordingly each system pattern has its advantages and disadvantages. This dissertation also holds that in legislative practice, it will inevitably result in the failure of legislative democracy adhering stubbornly to one system pattern and ignoring the advantages of the other two patterns. So, the inherent law of the public participation in legislation requires each country should construct its own comprehensive legislative participation pattern which integrates such three patterns, promoting the advantages of such three patterns while limiting the disadvantages of such three patterns. For china at present is at the historically transitional stage, the development of china's own public participation legislation should be in accordance with such a tendency, and accordingly, China's choice in system pattern for its people to participate in legislation should take the comprehensive participation pattern as its orientation. In order to set up and perfect the comprehensive participation pattern with Chinese characteristics, to expand the orderly participation of the public, and finally to insure the realization of legislation democracy, the weak participation pattern should be regard as the main guidance, with the enhancement the scientific feature of legislation, the strong pattern regarded as a supplement, with the enhancement of legislative supervision, and finally the deliberative participation as a bridge, with the enhancement of legislative consensus. China's system for its people to participate legislation should not only draw a lesson from the successful experience of other countries in such a field but also carry on its institutional improvement and system innovation constantly according to its own national conditions.