协商民主理论视角下我国立法听证制度的完善
发布时间：2018-10-25 14:48
【摘要】：立法听证制度对于提高立法的民主化进程具有重要意义,但是由于我国的立法听证制度起步较晚,致使这一制度在现实状况下难以发挥其应有的作用。尤其是《中华人民共和国立法法》和《规章制定程序条例》对于立法听证的规定不明确,这导致我国目前立法听证制度缺乏可操作性。总体来讲,我国立法听证制度还处于探索阶段。本文以协商民主理论与我国立法听证制度的契合性为基础,通过协商民主理论关于公民参与、能力平等和公共协商的对话机制对我国立法听证制度的启示,探索完善我国立法听证制度的有效机制。 协商民主理论与立法听证制度的契合之处在于,它们都是主张通过协商来证成决策的合法性。协商民主理论对民主的立法程序给予了适当的关注,通过在立法程序中发挥民主的协商功能,可以提高立法的民主化程度。论文第一部分简要概述了协商民主理论。协商民主理论的来源有二,它们分别是自由宪政主义和批判理论。论文第二部分论述了协商民主理论关于公民参与、能力平等观和公共协商的对话机制对于完善我国立法听证制度的重要启示。在立法听证中发挥公民参与的作用,并不要求所有法律的制定都举行立法听证,立法听证的范围应该界定在一定的限度内,即事关公民重大权益的变动或事关公共利益。能力平等观的提出要求对公民立法听证能力的提高予以关注,在立法听证过程中通过充满包容性的议程设置和集体行动的思考可以有效弥补公民参与能力的不足。公共协商的对话机制对于立法听证制度的重要价值体现在它对构建立法听证制度中的对话机制产生了重要启示。论文第三部分结合我国立法听证制度的现状,以协商民主理论为视角从完善立法听证参加人的遴选机制、立法听证的议程设置和立法听证报告制度三个方面进行了探索。这三个方面,分别关注立法听证的开始、过程和结果,这三各方面的改革和完善对于我国立法听证制度的构建具有重要的意义。 论文的研究意义在于通过对政治学上协商民主理论的研究,探求协商民主理论与我国立法听证制度的契合性,并在此其础上提出建构和完善我国立法听证制度的有效路径。立法听证的过程实际上也是立法听证参加人公开运用理性,进行公共协商的过程,因此协商民主理论中关于公共协商的制度架构对于完善我国立法听证制度具有重要的借鉴意义。
[Abstract]:The system of legislative hearing is of great significance for improving the process of democratization of legislation. However, due to the late start of the system of legislative hearing in our country, it is difficult for this system to play its due role in reality. In particular, the provisions of the Legislative Law of the people's Republic of China and the rules and regulations on the legislative hearing are not clear, which leads to the lack of maneuverability of the current legislative hearing system in China. Generally speaking, our legislative hearing system is still in the exploratory stage. On the basis of the agreement between the theory of deliberative democracy and the system of legislative hearing in China, this paper, through the dialogue mechanism of the theory of consultative democracy on citizen participation, equality of ability and public consultation, gives enlightenment to the system of legislative hearing in our country. To explore and perfect the effective mechanism of our country's legislative hearing system. The consensus between the theory of deliberative democracy and the system of legislative hearing is that they all advocate the legitimacy of decision-making through consultation. The theory of deliberative democracy pays due attention to the democratic legislative process. By exerting the democratic consultative function in the legislative process, the degree of democratization of the legislation can be improved. The first part of the thesis gives a brief overview of the theory of deliberative democracy. There are two sources of the theory of deliberative democracy: free constitutionalism and critical theory. In the second part, the author discusses the important enlightenment of the theory of consultative democracy on citizen participation, ability equality and public consultation for the improvement of our country's legislative hearing system. In order to play the role of citizen participation in the legislative hearing, it is not required that all laws be made to hold the legislative hearing. The scope of the legislative hearing should be defined within a certain limit, that is, the change of the major rights and interests of the citizen or the public interest. In the process of legislative hearing, we should pay close attention to the improvement of citizens' ability of legislative hearing, and make up for the deficiency of citizens' ability to participate by setting inclusive agenda and thinking about collective action. The important value of the dialogue mechanism of public consultation to the legislative hearing system is that it has important enlightenment to the construction of the dialogue mechanism in the legislative hearing system. The third part of the thesis combines the current situation of the legislative hearing system in our country, from the angle of view of the theory of deliberative democracy, it explores from three aspects: perfecting the selection mechanism of the participants in the legislative hearing, setting the agenda of the legislative hearing and reporting the legislative hearing. These three aspects pay attention to the beginning, process and result of the legislative hearing respectively. The reform and perfection of these three aspects are of great significance to the construction of the legislative hearing system in our country. The research significance of the thesis lies in the research on the theory of deliberative democracy in political science, to explore the conformity between the theory of deliberative democracy and the system of legislative hearing in our country, and on this basis, to put forward the effective way to construct and perfect the system of legislative hearing in our country. In fact, the process of legislative hearing is also a process in which the participants of the legislative hearing openly use reason and conduct public consultation. Therefore, the institutional framework of public consultation in the theory of deliberative democracy has important reference significance for perfecting the system of legislative hearing in our country.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
本文编号：2294006
[Abstract]:The system of legislative hearing is of great significance for improving the process of democratization of legislation. However, due to the late start of the system of legislative hearing in our country, it is difficult for this system to play its due role in reality. In particular, the provisions of the Legislative Law of the people's Republic of China and the rules and regulations on the legislative hearing are not clear, which leads to the lack of maneuverability of the current legislative hearing system in China. Generally speaking, our legislative hearing system is still in the exploratory stage. On the basis of the agreement between the theory of deliberative democracy and the system of legislative hearing in China, this paper, through the dialogue mechanism of the theory of consultative democracy on citizen participation, equality of ability and public consultation, gives enlightenment to the system of legislative hearing in our country. To explore and perfect the effective mechanism of our country's legislative hearing system. The consensus between the theory of deliberative democracy and the system of legislative hearing is that they all advocate the legitimacy of decision-making through consultation. The theory of deliberative democracy pays due attention to the democratic legislative process. By exerting the democratic consultative function in the legislative process, the degree of democratization of the legislation can be improved. The first part of the thesis gives a brief overview of the theory of deliberative democracy. There are two sources of the theory of deliberative democracy: free constitutionalism and critical theory. In the second part, the author discusses the important enlightenment of the theory of consultative democracy on citizen participation, ability equality and public consultation for the improvement of our country's legislative hearing system. In order to play the role of citizen participation in the legislative hearing, it is not required that all laws be made to hold the legislative hearing. The scope of the legislative hearing should be defined within a certain limit, that is, the change of the major rights and interests of the citizen or the public interest. In the process of legislative hearing, we should pay close attention to the improvement of citizens' ability of legislative hearing, and make up for the deficiency of citizens' ability to participate by setting inclusive agenda and thinking about collective action. The important value of the dialogue mechanism of public consultation to the legislative hearing system is that it has important enlightenment to the construction of the dialogue mechanism in the legislative hearing system. The third part of the thesis combines the current situation of the legislative hearing system in our country, from the angle of view of the theory of deliberative democracy, it explores from three aspects: perfecting the selection mechanism of the participants in the legislative hearing, setting the agenda of the legislative hearing and reporting the legislative hearing. These three aspects pay attention to the beginning, process and result of the legislative hearing respectively. The reform and perfection of these three aspects are of great significance to the construction of the legislative hearing system in our country. The research significance of the thesis lies in the research on the theory of deliberative democracy in political science, to explore the conformity between the theory of deliberative democracy and the system of legislative hearing in our country, and on this basis, to put forward the effective way to construct and perfect the system of legislative hearing in our country. In fact, the process of legislative hearing is also a process in which the participants of the legislative hearing openly use reason and conduct public consultation. Therefore, the institutional framework of public consultation in the theory of deliberative democracy has important reference significance for perfecting the system of legislative hearing in our country.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
【引证文献】
相关硕士学位论文 前1条
1 邬伊文;公安行政复议的协商性功能研究[D];上海交通大学;2012年
，本文编号：2294006
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