An Analysis Of Interest Game During The Legislation

All the procedures which aim at realizing Legislative just lie in democracy, and the core of democracy lies in forming game among divergent interest entities. During legislation, various government departments are interest counterparts without doubt, the management counterpart and every law-obeying entity are also interest counterparts and privies. As to the essence of democracy legislation, the just can appear and selfish desire has no place to hide only by letting interest counterparts widely participate into the legislation, letting all walks of society actively express opinions and suggestions, laying the truth in front of the public and carrying out questioning and debate to the opinions of interest conflict party from respective standpoint. Because only the interest party itself can express assertion from the fullest angle, and powerfully suppress the inflation of the counterpart's interest. Innumerable facts have proved that the decision-making which is lack of gaming is easily intolerance and lose the Legitimacy. Only by basing on the open legislation and introducing the third party mechanism, through the procedure rules of Legislative Hearing, legislative public announcement and so on, absorbing divergent interest entities influenced by legislation into the process of legislation so as to realize the respective interest expression and achieve best compromise in mutual games, can fundamentally prevent the tendency towards legislative department interest. Therefore, it is necessary to force the legislation process to disclosure to the public from initiating a project, drafting and reviewing, the legislative body and experts form the intermediate legislation body to draft the legal text and form the legislative gaming structure which integrated with trinity of entity department, experts and folk force. Through multi-parties gaming equation differentiate the interest congregation of department legislation so as to strengthen the fairness, unification and harmoniousness of the legislation. And through legislation to standardize the legislative behavior, form a kind of democratic, scientific and fair legislative mechanism basing on the multi-parties gaming, which is the inevitable demand of legal fairness, and also is the essential requirement of breaking away from the separatist state of legislation and achieving harmonious unification.The main idea of this article is through theoretical and empirical analysis of interest game during legislation, list out the characteristic of interest game during legislation, elaborate the influence of interest game on legislation, explore the existing problem of interest game during legislation in our country, and further put forward the tentative plan of establishing game equilibrating mechanism.In the introduction part, the article give brief introduction of the way of interest conflicts to form game equilibrium during legislation, firstly analyze the appeal of interest conflict to the legislation; secondly, analyze the basic process of legislation to adjust the social interest relationships so as to achieve game equilibrium.In the first part, the article mainly explores the reason of interest game during legislation as well as the behavioral form of interest game. Mainly analyze what is interest game and what is interest game in the legislation. Through the relationship between law and interest, give answers to the following problems from several aspects: interest game is the core contradiction of legislation, game equilibrium is the effective premise of legislation, the behavioral form of interest game in legislation, and the empirical analysis of interest game manifesting in the legislation. In the second part, the article mainly analyzes the characteristic of interest game. Firstly, refers to the department original nature; secondly, the multiplicity of game means; thirdly, the interest integrity.In the third part, the article mainly analyzes the influence of interest game on legislation. The legislation is redistribution of interest, vice versa the interest game also affect the progress of legislation. Mainly influence is the pressure of legislation, which is divided into motivation and resistance. The pressure is realized through pressure group, but at present, pressure group in our country hasn't been formed. In the fourth part, the article analyzes the present situation of our country's interest game during legislation by using case analysis, and obtains two conclusions, one is legislation provides legal stage for interest game; the other is the humanist public opinion legislation is becoming the value orientation of legislation. Thus further put forward the existing problem of interest game during legislation.In the fifth part, the article mainly gives a tentative plan on establishing game equilibrating mechanism during interest game in legislation, for example, change the legislative thought, improve the transparency of legislative game, strengthen the legislative participation of social groups, play the substantive role of experts in the legislation, set up specific duty representative system, cultivate suitable entity of the disadvantageous interest game, put the third party system into effect, prevent legislative corruption and so on.