Legislator In The Social Change

With the advancement of the market economy construction, the pace of social change accelerates, and the law changes, too. Over the past decade, China has many legislative activitives.This article attempts to study the NPC and its Standing Committee’s making of law, amendment of law and abolishment of law during last ten years of 2006-2015. On the basis of the study, this article will analyse the interaction of the law and social change over the past decade. Then the article will analyse all kinds of facts which influences the legislator, the legislator’s legislative value and legislative idea of the past ten years. Along with this, the article will give thoughts to the legislator’s current situation and problems. This article will follow the current social thought and the pace of times over the last decade, focusing on the social hot spots and social legislation needs to carry out the analysis of the legislation.The first chapter is about the analysis and definition of the basic concept of legislator, social change, legislative activities. About legislator, this article analyzes several conditions which is inappropriate to called legislator: the legislative, the people and rational, none of this is the meaning of this article refers to. Legislator of this article has three properties: Firstly, legislator select and judge all by the individual will; Secondly, legislator does not lack of rational and rational expectations; Thirdly, legislator is a real existance and could make the legislation work effectively. On the basis of defining the legislator attributes, this paper will define legislator in modern society as legislators under representative system. In our country legislator is representative on behalf of the National People’s Congress and the its Standing Committee. About social change, on the basis of previous opinions, this article defines social change in a broad sense.The broad means of social change is not only including the significant changes of social structure,such as social behavior, the relationships of social members, but also the changes in people’s daily life. About legislative activities, this article merely refers to the NPC and its Standing Committee’s legislative activities of making law, amending law and the abolishment of law.In the second chapter, the article analyzes the relationship between law and social change,and building further on this foundation, the article summarizes the relationship between legislator and social change. First, this chapter introduces two basic views of the relationship between legal and society: one opinion regards law as a tool to constructing "social engineering", which should take initiative to change or create law to promote society develops in the direction of justice and moral sense; The other opinion is that law is a "dependent variable", law should passively adapt to society and social change. Based on the introduction of the two basic opinion, this article analyzes the situation of law adapting to social change and law acting on social change, at the same time the article introduces the legal thoughts of “interpreter” and “builder”. Subsequently, the paper analyzes the situation of legislator adapting to social needs and promoting social change by legislative activitives.In the third chapter, Firstly, this article summarises the social change of the past decade in three aspects: political environment, economic environment and social environment. About the political environment, in the past ten years when the NPC, CPPCC, the court and the procuratorate facing up to the authority of CPC and the government, they have more autonomy. In the operational aspects, public power runs in a more open and transparent way, government’s behavior has been moderated and restrainted, but in some areas such as public security, network,ideological fields, public power has gradually become more powerful. In addition, the type of authoritarian political such as the rule of man still remains. In the aspects of economic environment, the Contract spirit has been paid more attention in recent ten years. And the replacement of old and new industry brings a urgent need for good laws. The relationship between market and government has been optimized but the problems is still existence. In the new normal economy, there are some new changes about the economic environment. About the social environment, the stratum solidification has become more and more significant, and the social thoughts such as rights awareness, legal awareness, attitudes toward Western values have changed.Secondly, the article carries out a statistical analysis about the general situation of legislation over the past decade. Over the past decade the quantity of law-making has reduced, but the quantity of amendment of the law has increased. In the perspective of legislation about department law, we can see that over the last decade, the administrative law and economic law share the highest proportion of the legislation, and at the same time the legislation about civil and commercial law and social law has showed some strange situation. Besides that, the article compares and analyzes the quantity of law, the situation of department law of the last ten years with the legislative activities before last decade. Thirdly, based on the analysis of the above two aspects, this paper analyzes the characteristics of the legislative activity over the past decade: 1, The law-making hasreduced and the amendment of law has increased; 2, Different department law has laid different amount of legislative resourse; 3, Legislative activity of last three years has some new change.Then, based on the analysis of the reasons which reduces these characteristics, the article explores the interaction of legislative activity and social change over the past decade.On the basis of last chapter, this chapter analyzes the legistator from three aspects: the factors that influences the legislator, the legislator’s legislative values and legislative ideas during last ten years. Then the article make some thoughts about legislator’s current situation and problems.Firstly, the article analyzes the political factors, economic and social factors, tradition and customs,costs and benefits of legislation, legislators themselves, etc which could influence legislator.Among these factors, both reasonable, legitimate influences and unreasonable, undue influences are included. Secondly, the article analyzes the legislator’s selection of legal value such as freedom, order, human rights and equality, etc. Thirdly, while taking part in legislative activity,legislator is always influenced by the lesislative ideas, so this article introduces and analyzes the legislator’s ideas during the social change such as conservatism and radicalism, generalization and specific, theoretical and practical, ends and means, etc. In the end, on the basis of the above analysis, this paper analyzes the current situation and problems of the legislator over the past decade. Along with this, the paper analyzes the train of thoughts to protect legislator’s rights and interests, and then the article puts forward my own view of how to protect the rights and interests:specifically, the way is to protect the basic constitutional rights of citizens from being violated,and at the same time the public power should be restricted and restrained.