Studies On The Key Issues Of Democratic Legislation In China

Democracy and nomocracy are the symbols of a mature modern society. In recent China, the idea of "law-based governance" has been highlighted, and democracy has penetrated into every corner of our lives. The public asks for more democracy and show their interest in participation of the law-making process. As a consequence, democratic legislation, as the junction and start of democracy and nomocracy, draws more attention. In recent years, the Chinese legislature has made some progress in democratic legislation by conducting some systems, which made the public opinions to be better expressed. However, by analyzing the current situation, the democratic legislation still has some problems. In order to maintain the sustainable development of the democratic legislation, we should figure these problems out, revise them and improve the whole system. As a result, the study on democratic legislation becomes more significant and urgent, and it has theoretic meaning, as well as realistic importance.Empirical analysis and quantitive analysis on the law-making cases and social survey, normative analysis on the present law and qualitative analysis on the current situation of democratic legislation are used in this thesis, as well as the comparative analysis on the foreign democratic legislative systems. After the interpretation of democracy, we can realize the connotation and criterion of democratic legislation. After the empirical research on the law-making cases and survey, we can find the current situation of democratic legislation in China. Based on this, we can draw a conclusion of the defects that we have now and make some suggestions to make up for the defects and improve the democratic legislation systems, as well as to offer a reference of how to solve the current problems and how to make progress in the future.The key issues in the conception of "democracy" are the the public dominance and popular sovereignty, so the aim of democratic legislation is to use all kinds of methods to reflect the public will during the law-making process, give the public the chance to influence the law and supervise the law-making process, so as to protect their legislative rights and constitutional rights. Nowadays, Chinese law has already established some principles of democratic legislation. In practice, we also used some systems, which obtained a good social effect. Compared to the past, the will of public participation becomes stronger and the democratic legislation systems are diversified. The recent democratic legislation systems are publishing the significant drafts, legislative symposium, public hearings, legislative demonstration, public observation, legislative record review system and so on.However, according to the empirical analysis of a survey, which conducted by the research group on legislative public participation of Shanxi Province, some problems still exist. Based on the current situation, I think that the defects of the democratic legislation systems in China are as follows, on one hand, we are lack of some democratic legislation systems, such as the feedback system, supervise system, the system to restrain the legislature’s domination, the system to raise the public’s participation and the proposal system of the public. On the other hand, the current systems are incomplete. For example, the design of the system is not operable, the way to participate is inconvenient for the public, the system for publishing legislative information is insufficient and the system of the People’s Congress is unsound.These defects not only have a bad influence on the normal function of the current democratic legislation systems, but also on the future development. As a result, I would like to give some suggestions, so as to solve some problems and make up for the defects in the current democratic legislation systems. The suggestions are:First of all, establishing new systems. Setting up the feedback system, establishing the supervise system, building up a system to restrict he power of legislature, establishing the stimulating system and creating the proposal system of the public.In addition, improving and refining the current systems, such as improving the public advice collecting system, completing the public hearings system, enriching the means of democratic legislation, completing the legislative information publishing system and refining the People’s Congress system. Meanwhile, I also introduce some advanced foreign democratic legislation systems, such as the British Parliamentary Debate, the US State Public Hearings, the Japanese Consultative Process and the Consensus Meeting of European countries, hoping they will help us to refine the Chinese democratic legislation system.The establishment of democratic legislation system is a significant job of democratization. Based on the theory and practice of legislation, as well as the current situation in China, we can find the defects and come up with some suggestions, in order to give some reference to the democratic legislation development, improve the democratization of the society and build a socialist country ruled by law.