The Construction Of Rational Legislative Procedures

The ideal social order is largely dependant on legal norms to achieve and maintain, and the legal norms are derived from legislative rules and procedures, so the discussion and research on legislative procedures and its related issues play the role of boosting on moving towards to a more ideal social order. Follow the purport of this paper, all the discussion of the legislative procedures is not to be framed in any particular historical period and geographical boundaries. However, the inevitable limitations of history perhaps have already broken the original intention of this article.This article is divided into three chapters. The first chapter mainly focuses on the ultimate goal of legislative procedures, the ideal order of human society, and the basic functional principles of legislative procedures in the process to achieve the objective. In the process to discuss the ideal social order, the article committed on the summarization and refining to the most important ideological resources of social ideal and social ethics in history and then analyze the tension and limitations of various ideas and theories.The second chapter mainly focuses on the difficulties encountered by rational legislative procedures. In the dimension of scientific reason, rational legislative procedures encounters the plights of polling cycle and polling interference, polling cycle refers to that the candidates does not have chance to win will significantly affect the final outcome of legislation, although this phenomenon can be avoided by the correcting of some legislative procedures, the measures to solve old problems lead to new difficulties, that is the phenomenon of polling cycle. Polling cycle is the phenomenon of transitivity loss among the polling results, which makes it impossible to induce the final legislative outcome among the various candidates in accordance with rational rule. In the dimension of ethical reason, rational legislative procedures encounters the plights of information distortion and agenda manipulation, information distortion includes the loss of information and overlooking of information, the existence of such phenomena lead to a shaking on the ethical reason basis to indirect democracy in a majority vote . Agenda manipulation phenomenon refers to that in some legislative scene the final legislative outcome is obviously under the control of persons and institutions that are concerned with agenda arrangement. The discovery of this problem becomes a major challenge on the legislative agenda.The third chapter mainly focuses on the mechanism of influencing between the legislative procedures and legislative outcome as well as the preliminary construction of legislative procedures. In order to simplify the analysis process and highlight important concepts, the article firstly mounting the specific social environment up and focuses on the mechanism of influencing between the legislative outcome and the variable factors inner the legislative procedures. Later, the article induced the most important social environmental factors to two categories, the status of interest differentiation and the trend of interest differentiation, and analyzes the adaptive process between both two types of the social environmental factors and the legislative procedures.