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The Legislative Model Of Responding To Public

Posted on:2014-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2256330401987917Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The root of nomocracy is legislation. Legislation is the source of the nomocracy.In our legislative practice, the Specialization, technicalization, professionalization oflegislation has been developed evidently. The role of legal elite in legislation field isexpanding. People have no voice to legislation in their country. However, the law isthe carrier of general will. Legislation should become a public affair which mostrepresents public will. The participation of public opinion is particularly important.This promotes legislation type of China from the traditional bureaucratic legislativemodel to the legislative model of responding to public. As a service-orientedlegislative model which comprises justice, effectiveness and efficiency, it will becomethe mainstream of China’s legislative reforms. This is an important way to achievedemocratic nomocracy. It reflects public will and the justice of the society and the law.It will safeguard people to achieve the rights of being a master.Despite the mechanism of public participation in legislation is heading for apositively interactive way, however, provision about public participation in legislationis imperfect. Affected by adverse legislative concepts and various constraints, thecurrent legislative practice is not beneficial to the development of this model. Thisarticle will start from the point of view of democratic legislation, then elaborate thebasic content of the legislation model of responding to public. By reviewing theparticipation in legislation in our country, the article will analyses further andrationally think how to build the response to public legislative model.The article can mainly be developed from the following several chapters: the firstchapter elaborates the meaning of response, public will and the legislation model ofresponding to public, and also include its characteristic; the second chapter mainly byanalyzing the basic theory, function and Realistic basis of the legislative model ofresponding to public, clarify the necessity of this legislation model; the third chapterstarts from the actuality of legislation of public participation in China, by analyzingtwo specific cases, indicate the problem in it; the fourth chapter conceives severalsystem to complete the legislation model of responding to public, such as legislativehearing system,legislative assessing system, legislative proposal system, legislativeopening system, legislative relieving system.
Keywords/Search Tags:the response to public will, public participation, publicity, democratic legislation
PDF Full Text Request
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