Study On The Negotiation Mechanism Of Legislative Decision

Legislative decision is crucial part of national legislation activities, which is also the prerequisite of making democratic and scientific legislation.Errors not only means that the cost of the loss of the legislative decisions and give rise to conflict of laws or legal consequences of nominal. At present,China’s reform and opening up has entered a crucial stage of difficulties.With the development of society and economy,Legislation should not only solve the conflicts of interests of social pluralism,but also can play an actual effect in the society and adapt to the reform policy.This is a great challenge to the legislative work of the new social reality.Therefore, in the context of Socialist deliberative democracy, Perfecting and constructing the negotiation mechanism of legislative decision making will be able to guide parties to the full interests of the game, and on this basis, promote the development of democratic and scientific legislation, and support the reality of the rule of law.The first amendment of China’s legislative law in 2015provides an opportunity to straighten out the relationship between multiple stakeholders and to build a legislative decision-making mechanism for negotiating.Throughout history, the cultural factors of legislative decisions of the negotiation mechanism had been existed in ancient times, its modern development is not smooth sailing, it has been cut off, but it has been revived and developed.The negotiation of contemporary legislative decision-making is deeply influenced by the imbalance between the history and the local development, and the existing problems are mainly focused in the four aspects of the negotiation mechanism of China’s current legislation,namely lack of procedural rules, the program runs the center of gravity offset weak forces,the informal public sphere’s weakness and the weak basis of common interests.First of all, it is suggested that the legal basis and practical basis of the legislative decision-making consultation mechanism should be clarified, and the experience of the central and local legislative consultation should be improved.The specific path choice is:first, the longitudinal level and at the local vertical expansion background of legal rights under construction of central and local legislative decision-making power orderly consultation system, the prevention of the principle of protecting the interests of local legislation decision;Second, in terms of the horizontal level, respectively from the three aspects of legislative decision subject, legislative decision-making process and legislative decision-making results to improve legislative decision-making consultation mechanism, play the different roles of the legislative decision-making legal subject and the subject of influence, and in operation in the process of establish key made decision consultation mechanisms, such as legislative decision consultation of diversity issues found mechanism, legislation and decision consultation process follow up and perfect the mechanism and the legislative decision-making consultation results evaluated and responded to feedback mechanism, eventually, realization of the rule of law as a negotiation mechanism is the core of construction.