On The Basement Of Legislative Deliberation And Its Reconstruction By Institutions

Legislation is the redistribution of social resources and establishment of the mechanism. As the soul of the legislative activities, the legislative consideration is the key stages and the process of the legislative practice. Bearing on the legal text of the institutional design of democratic, scientific and operational, bearing on the direction and pattern of the allocation of value interest resources, bearing on the structural and balance the construction the social relations system.The essence of legislative deliberation is democracy,for a long time legislative deliberation has been understood and carried out upon the basic practice and theory.No matter on the assemblyman's standpoints or on the political party's position,it has its limitations. Because of non-direct of representative institutions and the multi-level nature of representation, and a simple majority vote characteristics on the resolution, is difficult to truly reflect the real will and aspirations, and therefore broader participation is a necessary requirement of the times and reality.Deliberative democracy as a type of democratic deepening and development of important theoretical perspectives and practice, precisely in order to address the community's demand for participation and response to public policy to emerge, because it possess the characteristics of the openness, openness, representations and argument,it is favored by many scholars, but also to meet the demands of the public to participate in, and then the government can improve public decision-making more scientific and rational.Legislative deliberation absorbing the concept of democracy and methods will help the general public through participation in the legislative consideration of the rational argument, expression of interests, aspirations to achieve a common understanding of the last amendment, to protect legislation scientific, reasonable and workable further to improve the law's "life." Therefore, to absorb the legislative consideration of the concept of deliberative democracy is necessary but also feasible. In our country,in the process of the practice of legislative deliberation exists the characteristics of too much formal legislative review, people claim interests insufficient and so on, and then to a certain extent, affected the quality of legislation and implementation of the results.Therefore, we try to on the basis of deliberative democracy absorbing deliberative democracy, put forward strategies and suggestions to the system and method of practice for legislative deliberation of our country.