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Discourse Legislative Transformation Of Contemporary China

Posted on:2011-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z M LiuFull Text:PDF
GTID:2166360305451024Subject:Law
Abstract/Summary:PDF Full Text Request
China is in the social transition period, the traditional social pattern has broken, new social structure is forming, economic system, political order and values have a profound changes, interest differentiation and multi-value pattern has been formed and depth direction, public participation in politics consciousness is growing. China has chosen the road of the rule of law, as the law of the country to realize rule of law, it must absorb different interest groups participation, reflect the interests of their demands and values. In this context,lawmakers in the traditional unilaterally rational legislation pattern is challenged, establishing a new challenge to the needs of society and public expectation response is realistic legislation pattern choice. In order to ensure the realization of legislative democracy public participation shoud be strengthened in legislative process; Constructing a platform for the institutionalization of legislative hearing, realizing the different stakeholders full game; Legislative subjects with the sense of justice timely correct the problem of interest imbalance in legislation to ensure the realization of legislative justice. This paper have two parts,introduction and text discussed from four aspects.The first part is the summary of legislative transformation. Clarifying the meaning, the characteristic and the specific performance of legislative transformation. The performance of legislative transformation is mainly analyzed:from the "transforming legislation" to "autonomy" legislation, from "government-oriented"to "the national legislation of social type "legislation,from "the center of economy "to multiple value of legislation.The second part is the generalization and analyzation of traditional legislation. Due to the six aspects:economic center of legislation, legislation under the guidance of administrative authorities, department interests and local egotistical, legislation of experimental socialist, planning legislation,legislation decided by elite.The third part mainly analyzes the new legislation. Democracy is intrinsic quality of new legislation,public participation is the real reflect and security of democratic legislation. Adhere to" open legislation ", related interest subjects express their interest viewpoint,fully realizes interest game.Legislative hearing makes institutional arrangement for related interest subjects participating in legislation to interest gameing fully. Legislative subjects on the sense of justice timely rectify the problem of interests unbalanced,ensuring the realization of interest balance and legislation justice.The fourth part analyzes the reason of legislative transformation. Due to the three aspects:the transformation of Chinese society,the requirement of china's socialist legal construction,the influence of international environment. The transformation of Chinese society is mainly analyzed. The transformation of Chinese society is fundamental factor of legislative transformation. Specific background summaried have four aspects:overall social to civil society, economic system from plan to market, political order by charismatic rule towards DE jure type rule, static homogeneous society to flow pluralistic society.
Keywords/Search Tags:Legislative transformation, The public participation in legislation, Interest game, Legislative hearing, Social transformation
PDF Full Text Request
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