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Research On The System Of Public Solicitation Of Opinions For Bills

Posted on:2018-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y H MiaoFull Text:PDF
GTID:2356330515956190Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Scientific legislation and democratic legislation are the value guidance and goal pursuit of China's legislative work at the present stage.The full public participation in the process of legislation is a powerful guarantee for scientific and democratic legislation.At this stage,China's citizens directly involved in the legislative approach include:demonstration,hearings,forums and the bill for public comment.Compared with the other three ways,the bill for public comment has a wide range of public opinion,a long time,low cost and many other advantages.In the context of the development of modem information technology and media,the advantages are more prominent.In recent years,the exploration of bill for public comment has become an important growth point in the process of citizen participation in the legislative process,its development speed is much more than other citizens to participate in the legislative approach.The theoretical research comes from the response to the real needs.As a kind of system that is being explored and perfected quickly,the scientific and orderly development of the bill for public comment needs the powerful guarantee of the related system theory research.Under the system of representative democracy,the performance of public will in legislation is not enough.The bill for public comment system is to make up for the deficiency of representative democracy in legislation.The research of bill for public comment,needs the theoretical foundation as a starting point,the pursuit of value and function as a guide,the formation and development as a basic,accurately grasp the actual situation,accurate diagnosis the problems in practice,choice a suitable perfect path and finally find the effective countermeasures.The theory of people's sovereignty is the basis of modern democratic system.However,with the continuous development of society,the traditional representative democracy exposes many disadvantages,and the citizens' willingness to directly participate in political life is more intense.In this context,the participation democratic theory,deliberative democracy theory and policy network theory and other theories to make up for the defects of representative democracy.The bill for public comment system is a kind of concrete scheme which is respected by many kinds of theories.In China,the pursuit of the value of the bill for public comment are to the full realization of the rights of citizens,and improve the quality of legislation and alleviate social contradictions.The function of it are to supplement the NPC's legislative program and enhance the efficiency of legislation.China's bill for public comment system is not recent institutional innovation,the source of practice can be traced back to the early days of the founding of the People's Republic of China.Since that time,the practice of bill for public comment has gone through four stages:exploration,starting,development and improvement.The existing bill for public comment system is the product of different stages of practice accumulation.Accurate understanding of bill for public comment,need to analyze the various levels of laws and regulations,use the participation ladder theory and empirical research methods to expand.It can be found through the analysis of the existing legislation,bill for public comment has covered three core stage:access to information,express opinions and consultation and feedback.It has been a relatively systematic system.However,the existing bill for public comment system is not perfect.Lack of specific implementation of the specification,limited platform channels for seeking advice,the imbalance between the development of different areas and the different scope of the application are its system defects.And in the specific process,there are also some problems,such as the lack of information disclosure,the lack of positive opinions and the lack of consultation feedback.To solve these problems should follow path which are supplement legal basis,establishing coordination mechanism and strengthen the civic awareness.In order to achieve the final public opinion on the existing system of comprehensive and systematic improvement should strengthen the procedural provisions of bill for public comment system to make clear the application range;improve the information disclosure,participation incentive and legislative responsibility to strengthen the construction of supporting mechanisms;scientifically and reasonably design the public platform for solicit opinions from the public to improve the participation efficiency,expanding the scope of participation;guide the public participation in the legislative organization and the establishment of grassroots legislative point of contact.
Keywords/Search Tags:Bill for public comment, Citizen participation in legislation, Democratic legislation
PDF Full Text Request
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