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Legislative Coordination Mechanisms Of The Social Transformation Of Multiple Interests

Posted on:2010-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:L L WuFull Text:PDF
GTID:2206360302976830Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Multiple interests are constitutional and have an important impetus for the development. Pluralism in the conflict between the interests of competition and compromise to reach a game during the economic environment in the market tends to balance the interests of the whole pattern, so that the community's political, economic and cultural fields to achieve a dynamic state of harmony.The interests of a multitude of coordination mechanisms, coordination mechanisms of legislation as the main interest is the most effective coordination mechanism. In essence, the legislative process is the main legislative conflict of interest in the multi-coordination between the process. Can believe that the main interest is legislation to implement any legislative acts of the core driving force and objectives. In other words, any legislative process is an order to the realization that some sort of interest to determine the existence of relations in order to achieve the interests of the community demand for the main expression of the integrated process. However, in a market economy, in any society are a natural resource scarcity, and the interests of no exception. This leads to the measure, many trade-offs with a difference, the actual conflict of interest, the law in most cases the interest can only choose one. Faced with a conflict of interest legislation in the interests of a modern co-ordination is important. China today is at a critical period of social transition, moving from single community to the diversity of social changes in the interests of society increasingly stratified and diversified interests of the pattern of the basic framework of society, has formed the interests of multi-class, is bound to expression of interest through a certain mechanism to seek self-interest legislation approved. Therefore, the legislature has become the natural range of interest groups the "arena", the legislative process has become content with the legislation is closely related to the various competing interests in the process.Modern legislation in the interests of the principal selection process can not and do not follow a first sequence of interest, and its only through the process of legitimate interest to achieve a measure of dynamic balance of interests. It also determines the balance between the interests of modern legislation can only be a concrete and dynamic. Therefore, the interest measure has become the modern legislative process to achieve a balance of interests of the core device, so that we can believe that only the modern legislative process is a complex, cameras and flexible mechanism for the interests of coordination and balance.Combined with China's actual conditions, as the People's Congress of China's legislature, which in the legislative process described above are bound to face many contradictions and problems, especially in the transition of Chinese society, the interests of the growing pattern of pluralistic society highlights, the new class for the interests of their own interests can be recognized by the main legislation to give a higher concern, therefore, highlights the multiple interests in the context of the times, the main legislation in the legislative process on how to coordinate the conflict between the multiple interests and authority to choose has become the focus of attention. In this paper, the interests of pluralistic society in transition context, the use of the Sociology of Law, the Constitution and constitutional economics, sociology theory, combined with the theory of interest based on the measure, focusing on empirical analysis, value analysis and normative analysis on the three dimensions pluralistic society in transition to the legislative interests of deep-level coordination mechanism for the resolution, which, as far as possible the existence of the legislative process to avoid the various adverse factors, so that legislation be in the interest to play its coordinating role, to the interests of effective co-ordination of community relations and to ease contradictions, in order to achieve the ambitious blueprint for a harmonious society, in the context of a market economy, build a relationship tends to balance the interests of the pattern of social interests. This is not only the basic symbol of a harmonious society, is the only way to constitutional construction...
Keywords/Search Tags:Social transformation, Pluralism of interests, Balancing of interests, Coordination of interests, Justice legislation, Constitutional democracy
PDF Full Text Request
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