The Negotiation Of The Procedures And Legislative Debate

In the history of mankind, as a result of the improving of the productivity, the emergence of private ownership that provided a premise for the exchange of content.And with the further development of the society, the professional division of labor led to differentiation of people’s social roles and formed the interests of the diverse structures in society. Then negotiations of interests have become the main part of people’s social life. Before the emergence of modern procedures, the negotiations of interest were often manipulated by stronger interest groups or individuals. When the interests of the parties more evenly divided, the negotiations of interests are in a state of dispute and characterized by following the "the law of the jungle".Now the negotiations of interests are often disorderly and irrational. arbitrary and inequality in bargaining negotiation often resulted in injustice.The differentiation of the social roles led to multiple stakeholders, which have different interests, so the conflicts of the interests are inevitable. In order to form a common law decisions(or legislative or judgmental or administrative decision) between the multi parties of interest solute conflicts of interests fairly and reasonably, the parties must adopt the system procedures, including debate, dialogue, negotiation, negotiation(rather than a one-way speak or purely a powerful conquest or suppress by one party), to express their demands, to make mutual persuasion, to reflect by oneself, to reach a compromise, to seek consensus, and ultimately to achieve the desired selection.Therefore, the procedures is originated from the interest differentiation and is suitable for the differentiation of interests, and it is produced in the background of the diversification of interests and conflicts of interests. The negotiations are the essential characteristic of modern legal procedures.As a part of modern legal procedures, the legislative procedure should also havethe characteristic of negotiation, otherwise it is difficult to be called “the procedures”,especially modern procedures. At the same time, as a part of the legislative procedure, legislative debate has been adopted by most countries which practice the representative democracy. The legislative debate aims to appease the interests of all parties, coordinate the interest-relationships, and make a good law after democratic centralized decision-making process. Negotiations of interests are the core of the legislative debate.Therefore, the legislative procedure should contains the legislative debate system,which fully embody characteristic of negotiations. Based on this, in our country all levels of people’s congresses as the legislatures, should gradually establish and perfect the system of legislative debate in the legislative procedure. As a part of the legislative procedure, the legislative debate procedure should have the essential characteristics of the modern procedures. Therefore, when our country design the legislative debate on the system, to achieve the characteristic of the negotiations should be the main line. In other words, the legislative debate on the system been built should fully embody the characteristic of the negotiations of the procedures.The characteristic of the negotiations of the procedures has its basic elements.Specific to the legislative debate, only with certain principles, rules, conditions and other factors, in order to achieve full negotiations, to ensure scientific and democratic of the legislative debate, then to stand out "good law", so as to provide a sound legal basis for the construction of the rule of law in china.