Study On The Right Of Expression On Legislation

Legislation is the issue of the prime importance in law-governance society. The legislative consequence provides the administrative rules of the law-governance society. Meanwhile, the legislative process will ensure the legitimacy and constitutionality of the legislative consequence in order to safeguard the high quality of the law and to improve the effectiveness of the law. If each aspect or link in the legislative ideology, thought, system, mechanism, act etc. deviates away from democracy, science and constitutionalism, the legislator, who is with the will of establishing good rules and regulations and the hope to pursue the quality of legislation as in the effort as pleading for the people, has difficulty in ensuring the affinity to the people and scientificity or they will enact the immoral or wicked rules and regulations. A society without sound laws will be a temporally ordered society yet actually full of potential risks and it will damage people’s democratic system and destroy the public’s interest.The citizens are the master of a society. They are surely to have the legislative power. In a people’s democratic country, no matter in the political perspective or the fundamental system of a nation and the stipulation of the constitution, citizens are not only the master the nation or the main body of the legislation in the overall sense, they are also the master of the nation and the main body of the legislation. The citizens are not the master of the nation and the main body of the legislation in abstract sense. Without the citizens’ participation in the process of legislation, law won’t convey the meaning of legitimacy, but it is also against the requirement of people’s democracy, which will make the law detach away from the social life, interest of the public and the specific legislative purpose and therefore becomes the act of a country utterly mastered by the legislative body. Citizen is the owner of the power of legislation. However, obviously it is hard for the citizen to directly realize their legislative right in the modern social administration. In accordance with the practice of social administration and the provisions of the constitution, citizens entrust the special legislative body of state power with the legislative power and the representatives of the electorates exercise the legislative power. Although the special legislature has the power of legislation, the dominant position in legislation of the citizens has not change and the citizens will strictly supervise the legislative action of the legislative body. In the state legislative oriented system, legislation by the citizen and the states should be in harmony and unity. Under the structure with legislative right, there exists the optimum combination of the citizen-oriented legislation and the state-oriented legislation, just like the resultant force in physics, which is absolutely possible. In order to stimulate the citizen’s will of legislation at the maximum degree, the legislative body will fully express the citizen’s legislative intent with proper abstract meaning to find the public’s interest and general will and design the legislative norms to protect the public’s interest. Through the specific expression on legislation, the citizens can exercise the legislative right, which reflects the public and individual interest. It requires the legislative body to initiate the legislative procedure and it demands the legislature to open the overall and specific legislative information and procedure in order to supervise the legislation of the legislative body. The citizens have the listed rights such as legislative ownership, expression right on legislation and legislative supervision right. The legislature has the power of legislative deliberation, legislative vote and legislative decision power. The aforesaid rights of the citizens and the legislative body are closely connected, which makes the people’s congress system to be more stable and makes the citizen legislative power to be realized. It can also remedy the deficiency of legislative representatives’ competence. It will truly realize the legislative system and the pursuit of ruling parry’s and legislature’s democratic and scientific legislation. The realization of citizen’s legislative expression right is the concept of the dominant legislator. The concept of the legislative body reflects the citizens’ wills on legislation. A state should change the legislative mode under the guidance of the aforesaid legislative concept in order to safeguard the citizens have enough legislative opportunities, conditions, sources and methods, and protect the realization of citizens’ expression on legislation in the rules and regulations.The system of expression on legislation in China is still not perfect in theory, practice and concept. The citizens’ legislative methods have less or no protestation, manifestation, rebellion and referendum. The only acceptable legislative expression of the citizens in written or verbal should be in accord with the stability of the society and realize the sequential expression in most probably. In long term the legislative expression of the citizen will be China’s fundamental democratic legislation forms, the cornerstone of representative organ of the people lawmaking, the essence of citizens’ participation of legislation, and the source and fertile soil of law norms.The citizens’ legislative awareness in waking, legislative action in stimulation, and realization of legislative consequence will boost the completion and the strengthening of the citizens’ concept, will advance the legislative reform and improve legislative quality, will carry forward the activities concerning with legislation such as the improvement of legislative system and the change of citizens’ political and social life style.This dissertation, named Study on the right of Expression on Legislation, is composed of2parts with9chapters. It mainly adopts the research approaches of legal sociology and empirical study, which takes on the studies from practice to theory and then to systemic design. Relatively speaking, the first part concerns more on the theory and the second part concerns more on the practice which designs the expression system and mechanism on legislation. The introduction, without separated in one chapter, briefly introduces the study background and relevant research situation, and explicitly defines the research starting point and premise, which sketches out the clear research scope.In Chapter1, it studies the constitutional and theoretical foundation of legislative expression, which is the freedom of expression. It summarizes and analyses the concept of free expression. In legislation, which stresses most on practice in the scope of legal field, the meaning of given definition does not only on defining the precise concept, but also it is for the expansion and application of the principles and theories on this concept. In fact, there is no definite concept to express the meaning of free expression in theatrical and practical researches at home and abroad. This problem is not due to the difficulty in research, but it is also the wisdom of the practitioners and researchers. Furthermore, it is also the practical needs of the social openness. In this chapter, it focuses on the execution of freedom expression, analyses the value of freedom in detail in order to express the deep understanding of freedom and to guide the citizens’ legislative expression in theory and practice.Chapter2proposes and also defines the concept of expression on legislation. Expression on legislation refers to the right that the citizens enjoy the protection of the laws and the convey their legislative ideologies, opinions, wills and suggestions to the legislative body and society through various sources, media and methods and it also requires the legislative body to reflect the citizens’ legislative will and intend in the legislative procedure and consequence. In China, the citizens’ main legislative expression is in verbal. The grasp of legislative expression’s character, understanding the composition of legislative expression, grasp the value of legislative expression, distinguishing the differences between legislative expression and free expression will assist the study of legislative democracy as well as to promote the realization of citizens’ legislative right. Through the discussion between the citizens and the legislature, the discussion among citizens, and the deliberation of the legislative body, it can gather the citizens’ opinions, perfect the defects of the legislation, persist the administrative departments to make their interest legally and improve the quality of the legislation in order to enact conscience laws.In chapter3, it holds that the citizens’ expression on legislation should adhere to the fundamental principles. For example, the adherence of people’s congress system which is China’s fundamental legislative system, is to insist on the essence of the legislative power belonging to the people, to execute the democratic legislation in order to encourage and safeguard people’s expression right on legislation with the disclaimer accordingly. Meanwhile, the law should equally protect the expression on legislation; safeguard the citizens’ expression on legislation in various sources and methods in order to expand the scope of citizens’ expression on legislation. It is in necessity to limit the expression on legislation through lawmaking(by law) in accordance with the constitution.Chapter4depicts the existing problems in expression on legislation in three aspects through empirical analysis, i.e. ideology and theory, system and mechanism, environment and effect, so as to solve the problems above in theoretical researches and legislative practice. In the research of China’s expression on legislation, legislative idea and practice, most of the researchers take the expression on legislation as the assisted method rather than the legislative body. The citizens express their legislative will in passive way. Furthermore, it is only to add more democratic color in the legislation. Without the special system to safeguard expression on legislation, there will not be equal between the states and the citizens in the legislative force and function, with less interaction. Meanwhile, the citizens are insufficient of citizen awareness and are not positive in the activities of expression on legislation.From Chapter5this dissertation pays more attention to the construction of realization system of the right of expression on legislation. In Chapter5, it focuses on the analysis of the essence of China citizens’ participation in legislation and the participation form of the foreign citizens’legislation. In comparison with the foreign countries, the forms of citizens’ legislation participation in China’s legislation are not in variety. After the careful analysis on the method and content of citizens’ participation in legislation, it finds that the participation is only in the verbal form to express their legislative will to the legislature, which is expression on legislation in essence. The usage of the concept of expression on legislation can more clearly expose the essence of citizens legislative expression than the concept legislative participation. In this way it is helpful to convert the legislative idea, clarify the research field, effectively promote the democratic legislation and truly realize the citizens’ right to legislation.In Chapter6, it concerns the study of the execution of citizens’ right to expression on legislation. In the ideology taking the citizens as the legislative subject, the citizens are entitled to require the state legislature to provide more information in a more convenient way, besides passively to accept the expressions on legislation. Though the legislation requires the citizens to have certain conditions of expression on legislation, the advantages and disadvantages of the conditions of citizens’ expression on legislation won’t impact the citizens’ execution of legislative right. The citizens are entitled to directly express their legislative will, debate and participate in the legislative discussion, apply for the legislative evidence, apply for legislative publicity and legislative remedies. The quality of the environment of expression on legislation, sound or bad, will promote or hinder the realization degree of citizen’s legislative expression. Therefore, the state should actively construct the good environment of legislative expression for the citizens.In Chapter7, the realization of citizens’ right to legislative expression fundamentally depends on the legislative body. The legislature should publicize the legislative information and procedures in all round way, execute the legislative publicity and education, carefully deal with and process the information on legislative expression delivered by citizens, and exercise the remedy system of expression on legislation in order to use the national remedy for the infringement of legislative expression right and unadopted legislative expression content.In Chapter8, with the purpose to safeguard the execution of expression on legislation, it designs the system of freedom, encourages and protection, administrate in accordance with laws in time, liability, reward of legislative expression. It is especially designs the mechanism to realize the right of legislative expressions in details, make the procedure of expression on legislation and information process steps of legislative expression.The last part draws the conclusion of the whole dissertation through the review and summary. It mainly summarizes the basic viewpoints that legislative power belong to people and the citizens are the legislative subject. The citizens do not only have the legislative power in the constitution, but also enjoy the legislation power in the real life. Expression on legislation is the fundamental right of citizens. Through the legislative expression, it can present the legislative will and realize the value of legislative expression. The legislation should update its concept, establish the concepts, such as the legislative power belonging to the people, citizens’can execution of the legislation, freedom of expression on legislation, etc., improve the legislative methods, facilitate the full realization of the legislative right in order to motivate the democratic legislation and the quality of legislation. Among the aforesaid, it proposes the expression on legislation and possesses the concept that the theoretical foundation is the freedom of expression. It also exposes the value of legislative expression, and reconstruct the legislative system and design the procedures to realization of legislative expression, which are the innovation points of this dissertation. However, due to the limitation in cognition, there are still some problems existed in this dissertation, such as insufficient theoretical basis and inadequacy of summaries. No matter what happens, the impetus of expression on legislation can not be impeded irresistibly. The legislative expression will become the fundamental basis for detailed legislation and an important part of citizens’ political life. The rising of expression on legislation in theory and practice will promote the study of democratic legislation in theory and practice and motivate the relevant legislative system even to the reform of political life style.