A Description Of The Legislation Reasons

To share the fruits of reform,gain development opportunities of all social groups and reshape a fair and equitable structure of society by allocating social resources scientifically through democratic legislation,which constitutes the mission of contemporary Chinese legislation.So as to accomplish this mission,the democratic legislation,scientific legislation and law-based legislation become the core orientation of legislation,and which three are functionally integrated bodies with each other.To realize the functional expectation of legislation,the value of democratic legislation,scientific legislation and law-based legislation should be arranged in the legislative process coherently and could not be cut off as a one-way goal that legislative reform can exert.In this respect,the statutory procedure of legislation is not a step-by-step mechanical flow,but a functional system.In this functional system,every step of the legislation has been given a specific function,and then through the whole process of program design to undertake each other,and to have a structural effect on the function of the entire legislative process through the functional coupling of various aspects.From this point of view,we can see that in the legislative process,various aspects bear the mission of democratization or science respectively,and the overall structural logic highlights the coupling between democracy and science.Accordingly,the legislative process is the carrier of the structure coupling of legislative democracy and scientific.In this sense,law-based legislation is the basic path to achieve the essential pursuit of legislative democracy and scientific.To figure its fundamental,the first step of all legislation is procedural issue.Frankly speaking,the legislative practice in contemporary China does not give much importance to the legislative process or only focuses on the formal legislative process,the importance of legislative procedures for the realization of legislative functions is hard to understand,which may constitute the core crux of contemporary Chinese legislation.If we examine the institutional causes of contemporary China legislative issues,we can conclude that the main purpose of legislative activities is to implement the external intention of the legislative process,but also to make this will carry out activities with legitimacy symbol packaging.As a result,the legislative process is constantly reduced into a step-by-step mechanical operation and an adhere of external will,thus losing the function of process negotiation,shaping result and value discipline.The result is naturally produce a "law"which meets the needs of the external will.But the "law" produced under this mechanized operation is neither democratically nor scientifically,certainly not applicable,let alone obtaining the recognition of the people.There is a defect of democratic bearer mechanism in the legislative process.The description of the legislative process is mainly consisted of legislative proposal(with a draft attached)and legislative review in Legislation Law.Which means that the legislature and the program should be deliberated by the drafting of the formation rules when without adequate democratic discussion,this model of practice has greatly reduced the space of democracy.In other words,if the legislative issue is given in advance,even if we emphasize public participation and democratic consultation,it will not able to mobilize people's enthusiasm too.Only the legislative issues that are brought together based on the demands of public opinions are parties that gather the will of democracy,and are also motivated and enthusiastic about participating in the consultation through stakeholder engagement.Therefore,in addition to the above-mentioned two legislative and democratic mechanisms of expression,from the legislation source mechanism of legislative issues determination,to carry out a democratic general control stemming from the convergence of popular opinions to establish the legislative issues and promote the initiation of legislation is the basic mechanism of legislation Democratic.Description of Legislation is the mechanism of democratic bearer and democratic source control in the legislative process.Democracy is the primary value of legislation in modern countries,the democratization of legislative process must be strengthened at the interface between legislation and public wills,and be expressed by the integration and representative public will of representatives.Which means that during the brewing and start-up phases of legislation,democracy should play a leading role.Legislation should be used to gather public wills through the public sphere of legislation,provide sufficient information,and then to establish the general idea of legislation issues and solutions in the form of legislative reasons statement by discussing the issues of legislation through a full democratic discussion,so as to lay a democratic legislative framework for the following legislative process.The corresponding legislative process is the description of legislation.Taking the description of legislation as the inherent constitution of the legislative process carries the maximum appeal for democracy.On one hand,it creates a space for public wills,collects and screens public legislative needs,and bases on a procedure-based independent integration process,which aims to prevent the colony of legislative process by external wills,and to filter and refine the representative wills as necessary.On the other hand,establishing the description of legislation in the legislative process as an independent link,which is helpful in setting up a holistic legislative framework and connecting the whole process of the ideal legislation.As the inherent setting and basic link of the legislative procedure,description system of legislation could source the democratic control of the follow-up legislative activities by the convergence of democratic wills.Furthermore,through the overall linkage design of the legislative procedure,public wills gathered in this session could be refined,to decide starting the legislation or not,and put the program of integration and convergence of topics into the basic framework of follow-up legislative process,legislative supervision and legislative improvement,to impose the necessary constraints on the setting of topics and options,so as to create a democratic constraint on the overall legislative process,to make the entire legislative process get support by the legitimacy of democracy,and to form a truly effective response to public opinions in institutionalized way.Based on the above ideas,this article is divided into four chapters.Chapter One is "The Necessity of Illustrating the Description of Legislation as the Basic Link of Legislation Process".From the perspective of legislative process design and its operation,the problem of legislative practice is more or less linked to the legislative process.In other words,the design and actual operation of legislative process affect the realization of its value greatly,and create some realistic problem in legislation.Of course,this is just an empirical judgment only.The scientific research method of unity of experience and logic and the legislative procedure are the institutional carrier of formation of the structural coupling between legislative democracy and scientific,which through the design of links under the guidance of the functional system and its connection,forms the democratic basic framework constraint.Then,on the basis of above,to select the optimal scheme of legislative issues through the scientific mechanism and finally completes the democratic and scientific distribution of the social resources with the legal rules,to achieve the legislative goal.Based on the analysis,we can find that the current legislative process could not fully carry the above value,especially in the counterpart mechanisms arrangement of democratic,there is a lack of an independent link to fully demonstrate democracy and accommodate and absorb public wills.Therefore,it is of great theoretical and practical significance to illustrate the description of legislation as the inherent setting and basic link of the legislative process.Chapter Two is "Function of the Description of Legislation in Legislative Process".In the history of doctrine and system,the democracy of representative system laid the foundation for the legislative democracy firstly.Due to its disadvantages,the process of consultation and public participation based on deliberative democracy was derived,and thus formed the ideal model of modern legislation and public decision-making based on consultation and majority decision.However,since this model focuses on process consideration and could not stipulate the initialization of legislative issues,thus,it cannot avoid the general wills imposed by political authority and external wills on the name of topics determine ability.In this regard,beyond the above two models of legislative democracy,through the platform of legislation description that links with the political public sphere and created in the legislative process,which enables the initial identification of legislative issues and launch the public discussions about it,to unite the abstract consensus on legislation and to shape the democratic framework of legislation,all these could be described as the third model of legislative democracy.On the basis of above,the article further clarifies the legislation description to demonstrate that the democratic demonstration mechanism as a legislative procedure has the following functions:It carries the interactive relationship between the needs of the society and the legislation,brings together the interest demands and unifies the abstract consensus,extracts the legislative issues and decides to start the legislation,set up a framework of legislative democracy and connect a series of legislative ideal processes,promote the structural coupling of democratic legislation,scientific legislation and legislative legislation.Chapter Three is "The Status Quo and Transformation Possibility of the Description Similar System." Contemporary Chinese legislative procedure does not explicitly set forth the description of legislative reasons as an independent link.However,in the actual operation of the legislative process,there are actually so much institutional arrangements similar to the legislation.Based on the experience gained from the practice of legislation,these systems include but not limited to,legislative proposals,legislative plans and proects,legislative arguments or pre-legislative assessments,and legislative draft instructions.In fact,they are playing the role of demonstrating the necessity of legislation and explaining the feasibility of legislation.However,from a holistic perspective of the legislative process,these similar systems are more or less undertaking the function of elaborating the necessity and feasibility of legislation.However,they are virtually impossible to substitute the description of legislation because more of them are merely statements of professional rationality.More importantly,these similar systems cannot constitute a legislative process with independent procedural validity,the formalization and attachment are very obvious and contribute nothing to the real promotion of legislative democracy and science.Therefore,the preparation process of these systems and their series legislation could not substitute the description of legislation.Based on the ideal model of the legislative process based on the description of legislative reasons,and take this as the reference and standard to analyze the problems,these systems could be reformed,and to lay a solid foundation for ideal legislative reasons and provide experience and materials for system design.Chapter four is "The System Construction of the Description of Legislation".The system structure of the legislation description could be divided into three parts corresponding to the three dimensions of content,system and structure,those are the content structure and description logic of legislation description,the institutional structure of legislation description,the description of legislation and the structural relationships of other legislative links.First of all,the content structure and description logic of the legislation description point to the core essence of the legislation description which can only solve the problem of universality and solve the problem by legislation,its emphasis lays on the need for legislation,when legislation should be adopted and how to legislate,which focuses on the purpose of the legislation,the principle of legislation and the status and role of the legislation in the legal system as a whole,and it also makes preliminary and pre-arranged arrangements for the distribution of benefits,rights and obligations,etc.,to provide general guidelines and constraint for the follow-up legislation.Secondly,it constructs the "legislative motion-legislative proposal-legislative start" institutional structure,corresponding to the legislation description main structure "public-body of the proposal-legislature".The institutional structure of legislation description is not based on empty fabrication.Instead,it institutionalizes the relatively loose legislative links and gives them specific system content and operating links.At last,it takes the description of legislation as traction,makes the reconstruction understanding of the overall legislative procedure,to form the structure linkage of the legislation description,the legislative drafting,legislative review and voting and legislative supervision.All aspects of legislative process drawn by the legislation description are not simple and linear ones,but a three-dimensional structure formed by cross-interaction.Each stage of legislation carries different functional orientation,and points together to the structural coupling of legislative democracy and scientific interactively.