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Legislative Proposal System

Posted on:2010-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:P XuFull Text:PDF
GTID:2206360272999918Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The legislative proposal system means the individuals,organizations,political parties,institutions,etc,following the legal procedures,deliver the legislative council proposals or draft of law to the specific organs.It is the entry of the legislation process, and it also is an important part of the democratic legislation process.In current China, due to the less of legislation system,the effect of State-based thinking,and the unprofessional people's deputies,there is a huge deviation from the design to the implementation of the legislative proposal system.With the transition of the whole society,more and more interest groups diversified,and they are after the right of political participation,but there are no proper expression mechanism for them,the laws respond later than the social realities.The licensed legislation system cares more about the efficiency,safeguards the interests for each sectors,and these makes it more difficult that involving more citizens into legislation.The author compared the amount of the proposals presented by deputies and governments,and listed the handled rates for the proposals presented by deputies of Shanghai,displayed the investigation about the proposals states and the factors which affect proposals in Yantai,then proved that there are some natural blocks for the proposals from deputies delivered into the formal legislation discussion.So the efficiency of the proposals from deputies is decreased,for the reasons of the short People's congress meeting and the unprofessional people's deputies.And this happens both in national and local people's congresses.The rights of citizens present legislative proposals and participate the legislation process in the executive legislation,are based on the spirit of democratic consultations. The licensed legislation system must involve the citizens in the legislation process, protect the interest of vulnerable groups.The right of citizens present the legislative proposals is a helpful addition in the legislative proposals system.The democratic legislation principle requests that the legal right and liberty of citizens are protected,the abstract principles and systems are instantiated to specific legislation.The legislation executors balance the interests of all the groups,the groups express their interests by the democratic consultations.After the analysis of real cases and the research of theories,the author reconstructed the system on the proposal presenter side,the review process side,the law content side,and the improving the presenter's ability side.The author clarified that the proposal system need to be integrated into the programs in the legislation process.When the people's right cannot be realized,he can appeal to the law.There are some innovations can be applied into practice.We should find a proper way for the citizens involved democratically and the specific groups expressing,both in the law and the system level.
Keywords/Search Tags:The legislative proposal system, The democratic legislation principle, Legislative procedure, Deliberative Democracy
PDF Full Text Request
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