Study On Organizational Structure Of Legislative Deliberation In Chinese Provincial People's Congress--Taking Shanghai Municipal People's Congress As An Example

Practice of legislation has proved,it is impossible to formulate "satisfactory laws" without guarantee of perfect procedures of legislation. As the key part in procedures of legislation,the quality of legislative deliberation will affect the quality of legislation directly. In order to improve the quality of legislative deliberation, make local laws which can be approved, understood and abided by the people, the Provincial People's Congress of China (the PPC) and the Standing Committee of the PPC have sought and perfected the deliberation procedures of legislation during the past twenty years and more. In these procedures, it is a very important way to adjust structure of deliberative organization. In fact, the process that adjusts deliberative organization and relevant structure is the process of structural changing of deliberation organization. The structural evolution of legislative deliberation organization is mainly exposed in two aspect, one is the change in the deliberative times of laws and regulation, the other is the form of meetings for legislative deliberation, both of which constitute the structural evolving of deliberative organization. In studying, this thesis adopts the principle of organizational structure and function in the science of organizational sociology. From the standpoint of organizational structure and function, why did the PPC and the Standing Committee of the PPC adjust deliberative structure, how did they adjust the structure, how is the effect? These are the purpose of research. The thesis studies how the change of organizational structure in deliberation affects the quality of legislative deliberation by answering these questions, and wishes to give some suggestions to improve the quality of legislative deliberation in the PPC and the standing committee of the PPC. At the same time, this article tries to describe the true scene of legislation deliberation. This thesis chooses Shanghai Congress as the example. It includes the foreword, main text and conclusion. The main text consists of four chapters. The foreword makes a brief explanation about research motive, standpoint and objective. The first chapter of main text introduces some theories, including organization, structure of organization, legislative deliberation organization, structure of legislative deliberation and the structural evolution of legislative deliberation organization. The second chapter describes in detail the evolving process of structure of legislative deliberative organization in the Standing Committee of Shanghai people's Congress in recently twenty years, which is from the beginning to development and the completion. From this description we can conclude, with enlargement of the organizational scale of Shanghai People's Congress and its Standing Committee, the structure of legislative deliberation organization has changed and become more and more complex, and deliberative contents are also more standardized and specified. The third chapter is the analysis of reasons about the structural change of legislative organization of the Standing Committee of Shanghai Congress. From that we know, both outsider and inner surroundings affect and bring about such change, which is a never-ending process. To the Standing Committee of Shanghai Congress, its role turns from passivity to initiative in the changing process, and the standing committee's deliberation of the bill undergoes an experiences of changing from "vote-machine" in the beginning just in order to pass the bill to function independently step by step. In the fourth chapter, from the viewpoint of organizational structure and function, the thesis points out existing problems in deliberation and offers corresponding settlement. Some explanation is given in the epilogue.