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On The Institutions Of Legislative Debatement

Posted on:2011-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:S W JiaFull Text:PDF
GTID:2166360308453771Subject:Legal theory
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In legislative activities, the National People's Congress and its Standing Committee play an important role. National People's Congress and its Standing Committee in the course of several decades of development, developed a number of laws and regulations related to all aspects of social life. Although laws are enacted, but some laws and regulations has not been well implemented. One of the most important reason is that the scope of interest that is covered by some laws and regulations is too narrow, so can not get the supports of the majority of interest groups. How do laws and regulations cover the interests of the majority of the interest groups? The answer is to allow interest groups that act in the legislative process to fully express their own interests, and let the interests of these groups blend in the laws and regulations. This requires the introduction of the debate mechanism in the legislative process. The institutions of legislative debatement are the institutions that draw the debate mechanism into the legislative process.To the China National People's Congress and its Standing Committee to create the institutions of legislative debatement, that need to understand the meaning, characteristics and significance of the legislative debatement, but also understand the theoretical bases of this institutions. Theoretical bases have provided reasons for the existence of the system. If you want to establish the institutions of the legislative debatement in our country, you can draw lessons from the institutions of the parliamentary debatement in Western countries, the institutions is related to the institutions of legislative debatement ,and have centuries of history in the Western countries. Western countries'successful experiences on the institutions of parliamentary debatement worth us to draw on. These successful experiences are: the rules that the president takes charge of parliamentary debatement should follow, the rules that members participate in the debate should follow, the types of foreign parliamentary debatement,etc. This requires the use of comparative analysis, bringing in those experiences that are suitable for our country's national conditions.In the basis of drawing lessons from foreign experiences,and combining with our existing laws, especially with the the laws and regulations relating to the institutions of legislative debatement. For these laws and regulations, we should actively absorb. So as to make full use of institutional resources, not cause the system a waste of institutional resources.The laws and regulations that are related to legislation in our country, although some are related to the institutions of legislative debatement, but not state specifically and completely, should be refined and modified.In these areas, Robert's Rules of Order can support the establishment of the institutions of legislative debatement in our country . Some of the provisions of the rules, such as the provisions to the motions, the provisions to relevant organizations, the relevant provisions to punishment, etc., worth our country to learn from. Reforming and improving legislative review conference activities and the assumption for its institutions can consider the impacts of People's Congress Institutions of representive, People's Congress Institutions of organization and People's Congress Institutions of meeting,not only for a certain improvements. The institutions of legislative debatement that are designed like that can bring their functions into fully play.
Keywords/Search Tags:Debatement, Legislative Debatement, Parliamentary Debatement, Institutions of Legislative Debatement, Institutions of Parliamentary Debatement
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