Research On Interest Measurement System In The Process Of Legislation

The interests of the measure is based on the multiple conflicts of interests,the interests of the main interests in the full expression of conditions,by the specific subject of interest expression,interest and value judgment according to their own rules and procedures are analyzed and compared,and then the process of balance,the organic unity of interests choice and integration to achieve different interests the subject of the balancing of interests.So in the process of legislation of the interests of the measure system is refers to the legislators in the legislative process,in accordance with the legal provisions of the legislative process and in guiding principle,the draft law by the legislative authorities after receiving the proposal,the full collection to identify the various aspects of the information,the interests of different analysis,comparison at the end of each is weighed,the interests of different stakeholders to achieve equity trade-offs,integration of different interest groups,in order to make a balance of the interests of all parties in a series of system of law.The theoretical basis of interest measurement is the three parts of interest expression,interest identification and interest integration,and the theoretical basis of these three parts is different.In the process of legislation,the system of interest balance is mainly composed of the system of the expression of interest,the public participation system of the benefit identification.The expression of the interests of the legislative proposal system is mainly reflected in the interests of the interests of the parties to the legislative body,the legal system to the legislature hope that the legal system.But the legislation system of our country in the interest expression of interest expression subject setting is too concentrated in government hands,in addition to China’s laws on the subject of interests expression difference is the main legislative proposals to make the different expression of the interests of the subject(proposal subject)exercise in the exercise of its powers of different functions,the author put forward(1)expansion the main legislative proposals is the subject of interests expression,(2)to further enhance the status of the legislation in the National People’s Congress(3)to enhance people’s Congress proposal ability,in order to perfect the legislation system of interest expression function.The function of the public participation in the legislative process is mainly reflected in the general public to express their own interests,the legislature to collect information of different interests and identify them.But because the process of legislation of public participation in the system to identify the interests subject of "official standard" concepts of deep formalism,namely object recognition of interest First impressions are strongest,ordinary people do not actively participate in and lack of ability and other aspects of the shortcomings,so the interest recognition function cannot be good to play.The author from the national level,the introduction of a second,conduct investigation system of Hongkong and the western countries to implement,in public participation,such as legislative research,legislative hearing and demonstration in the introduction of judicial "direct words principle" third,to let the various stakeholders of public debate.Follow the principle of comprehensive fourth fifth,establish the reasons and the information feedback system finally,implement the legislative evaluation system.From the public level one,in the choice of the people involved in the primary and secondary with a focus on the choice.Second,the establishment of a lower public selection mark.Third,the provisions of the expression.Fourth,strengthen the time guarantee and material guarantee.Hope to be helpful to the improvement of the recognition function of the public participation system in the process of legislation in our country.Legislative consideration is its theoretical basis lies in the integration of interests in the legislative review stage to do the following several aspects,first is the interests of the choice,followed by the interests of the order of value of order,finally is the allocation of rights and obligations of the three aspects of the work.But because of China’s legislative review process are more complicated,and the deliberation time is short,play the function of interest integration cannot be the main professional level also needs to be improved and other reasons lead to consideration of the legislation of our country is very good,the author proposes to increase the legislative review time,improve the professional level of the main legislative review proposals hope to improve the function of interest integration of legislation deliberation help.