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The Research On Balancing Of Interest In Local Legislati On From The Perspective Of Deliberative Democracy

Posted on:2017-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:D N SuiFull Text:PDF
GTID:2296330482993950Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the gradual deepening of ruling the country by law, the completed legal sys tem, scientific legal norms and advanced legislation technology have become an imp ortant basis that measures the process of the rule of law of our country. "Legislation Law" edited in 2015 regulates the from the central to local legislative ideas, legislati ve content, legislative authority and legislative procedures, which marks further imp rovement of our legislative system, and also means that local legislation has stepped into a higher standard. At the same time, the promotion of citizens awareness of indi vidual rights and democracy force local legislation to be changed from the previous single authority will model to the common citizen will model, which requires the leg islature can not only consider the public interest, but also place citizens individual or group interests and public interests equally and must be weighed fully, when balanc e benefits.Interest in the legislative process measure research has not been a new problem, as early as the 1990 s in academia for the first time Ichiro Kato Japanese scholars on t he introduction of the balancing of interests, it caused widespread concern. Since the i nterests measure itself has a strong interest in subjective, so the domestic scholars hav e been working to design a relatively objective criteria to avoid subjectivity inherent d efects, such as trying to sort value, making the process of balancing of interests which shall give priority to post or to classify many benefits of economic analysiz;or a lot o f interest has been classified following the economic analysis,comparison and analysi s to choose protect or a certain interest of cost difference, a measure aimed at avoidin g arbitrary legislator. Only because of the lack of a theoretical basis, combined with a basic understanding of the theory of interest weighing not comprehensive, the abovedescribed methods in science and operability are flawed, difficult to apply. Here, the t opic for the lack of research exists, it is necessary to choose the right path of research, analysis perspective conversion issues, with reference to the results of previous studi es, combined with the practice of the legislation, with a view to the issue and then a small step forward.This article aims at the problem of interest measure of local legislation, and selec tsthe deliberative democracy theory support. Deliberative democracy theory into Chin a since 2002, has been attached great importance to, compared with other western pol itical theory, the theory and the political system in China has a certain degree of comp atibility, thus more easily accepted by the society from all walks of life. Deliberative democracy advocate dialogue and consultations, debate, discussion, hearing and other forms, are scientific legislation, democratic legislation and important way of public p articipation in legislation. In addition, this theory emphasizes the autonomy and contr ol of the organization, also provided a more scientific measure for the interests of buil ding and the detailed dimension.This article obtains from the concept analysis, from the angle of multiple interest measure methodology in terms of legal interpretation, by empirical analysis method t o explore the benefits of local legislative measure characteristics, and for the existing problems, the measures proposed constitutional level from regulation. Our legislation aims to provide a new theoretical perspective, the legislative practice provides a relati vely objective, operable measure, bring good and useful enlightenment for our scienti fic and democratic legislation.
Keywords/Search Tags:Local legislation, Balance of interest, Method for balance, Deliberative democracy
PDF Full Text Request
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