Legal Regulation Of Legislative Rent-seeking Phenomenon

Rent-seeking is a concept of Western economics, its main meaning is that various subjects make use of the resources through participating in the political process, and obtain the improper and excessive interests, but it is harmful to the society. Including such intension:depending on privilege, nonproductive, doing harmful to public interests and leading to social injustice. Rent-seeking phenomenon exists in many fields, legislative field, the most important link of state power operation, also exist. Legislative rent-seeking refers to government departments, various organizations and individuals seek their interests to be existed in the act fully and disproportionately through legislation, by means of legal authority to obtain excessive interests and hurt others' rights and interests, it is an unfavorable and inappropriate behavior also. The subjects of legislative rent-seeking are government departments, various organizations and individuals, accordingly, the performance of rent-seeking includes government departments'interests "legalization", interest groups'interests "legalization" and individuals'interests "legalization". The main reasons of legislative rent-seeking are abuses of power, the flaw of legislation system, the private and undemocratic legislation program, and the defective legislative supervision mechanism. Because legislative rent-seeking happens in the most the most important link of state power operation, and has features of invisibility, indirection and specialty, it will produce huge social harm, such as undermining the uniformity of law, damaging to the authority of law, impeding the growth of legal faith, leading to social injustice. Legislative rent-seeking also exists in foreign countries, the norm to legislative lobbying in America is very special. Legislative lobbying and legislative rent-seeking are closely linked, if legislative lobbying is not supervised well, it can cause legislative rent-seeking. From 1938 the foreign agents registration law, coming through 1946 the legislative lobbying activity law,1995 the lobbying public law,1998 the lobbying public technology method law, now the United States has formed perfect laws and regulations about legislative lobbying, besides the United States has a series of regulations such as legislative hearing system, they help regulating legislative lobbying, and make it operate orderly. Speak to our country, the regulation of legislative rent-seeking phenomenon can be considered from idea and system aspects. The level of idea namely principles of regulating legislative rent-seeking, including the legislative democracy principle, legislative public principle, legislative neutral principle. The concrete systems of regulating legislative rent-seeking consists of improving legislative hearing system, carrying out legislative public system, building legislative avoidance system. The principle and system's establishment will reduce the legislative rent-seeking phenomenon.