Study On The Open Legislation In China

The so-called "open legislation" is a way to achieve democratic legislation. It requires to uphold the mass line in the legislative process through a variety of effective ways to promote public participation,reflecting the aspirations of the people of the law,in order to achieve legislation on full respect for public opinion and embodiment. Specifically, open legislation in the legislative process to public legislative information,take a variety of effective ways to broaden public participation in the legislative channels,from the legislative plan,to the legislature for consideration to the wishes of the public can be reflected in the initial stages of the legislation to improve the rationality and transparency of the legislative,and promote the democratization and scientification of the legislative work. According to the relevant provisions of China’s Legislation Law,the legislation should reflect the will of the people,and should protect the people through a variety of ways to participate in legislative activities. For the effective implementation of the legislative work in this way open the door legislation,provide a legal basis and provides for the principle.Achieve justice,the pursuit is the highest value of the legislation. Democratic legislative process,is the pursuit of justice,through the design of the system,setting the rights and obligations,the rational allocation of power and norms of social behavior,and adjustment of social relations approach to distributive justice process. Science legislation requires the greatest degree of fit issues in the legislative process,to create the law and its regulation,coordination and balance various interests,the ultimate aim is still the pursuit of justice. From the theory and logic,the more the number of public participation in legislation,the higher the degree,the greater the intensity,the more legislation to ensure the democratic and scientific. And open the door way of legislation to expand public participation,and requested the openness of the legislative information. This reflects the value of the demands of democratic legislation and scientific legislation the pursuit of justice,and contribute to the realization of the value of justice.In recent years,open legislation playing an increasingly important role in China’s legislative work.Especially in the local legislative activities,open legislation is more widely applicable,achieved very good practical results,thus ensuring the democratization of the legislation. Of course,whether in theory or in practice,there are a variety of issues to be addressed. First,open the door of the Legislative legal status is not clear enough,the legal basis is too principled; Second,the main definition unknown; Again,the system is not perfect,the program is not rigorous; Finally,the legislature leading role is not effective. These are urgent problems in the door legislation. The author intent analysis and interpretation of the above problems to open legislation,the legal status of the clear open legislation to define the subject and content of open legislation,a sound system and procedures of open legislation,and effectively play the role of the legislature made some suggestions and methods.