专家参与立法研究
发布时间：2018-10-31 16:04
【摘要】：在近几年的立法活动中,随着公众利益诉求表达的多样性,立法事项越来越多元化、精细化,专家参与立法作为公众表达利益的一种方式,在我国的立法活动中逐渐得到发展和重视,时至今日,仍然在我国立法活动中发挥着重要的作用。立法机关邀请和选任社会各界不同领域的专家参与到立法活动中来,既是顺应社会发展趋势、适应立法体制改革的需要,也是立法领域注重理论与实践相结合、借鉴和移植西方制度的结果。有利于强化立法权威,内在地提高了立法质量,最终促进实现立法的民主化和立法公正,由此可见,让更多的专家参与到立法活动当中是具有现实的目的和意义的。所谓专家参与立法活动,就是在保持立法原意的基础上,由立法机关通过各种公开的方式招聘社会各个领域的专家,专家在立法中发表意见、提出建议。随着经验的累积和加深,专家参与立法活动的实践在我国开展以来,取得了相应的立法成果和社会各界的肯定,宪法、立法法等相关法律也为专家参与立法活动提供了原则性的法律依据,为其实践奠定了法律基础。就目前来看,我国专家主要以三种身份参与到立法研究中来,最早出现的是立法顾问,他们具备深厚专业知识或丰富实践经验,为立法活动提供专业咨询,紧接着是立法助理,这种方式是随着各国立法工作的复杂化和专业化而产生和发展的,在一些西方国家发展比较成熟,我国还处在探索初期,还有一种是专门的立法研究机构,三者在立法活动中发挥各自的作用和优势,为专家参与立法提供更好的途径和方式。然而我国专家在参与立法活动中仍存在着很多的问题。专家参与立法的法律地位不明确,现有法律只是一些笼统而零散的规定,应该在立法法中细化关于专家参与立法的相关权力制度规定,而且仅凭专家的参与,对公众利益诉求的表达并不完整和深刻,如何能够保持专家身份的中立性,对公众利益的表达更加准确,也是在立法实践中重点需要关注的问题。另外,专家成为部门利益的代言人、固定小团体专家在参与立法活动中出现的腐败现象,缺乏对其的监督机制和鼓励机制等问题,都是不得不面对和解决的问题。本文旨在通过对专家参与立法活动的现状和问题的分析,来找寻具体问题的解决方案,并为进一步完善专家参与立法活动提出对策和构想。
[Abstract]:In the legislative activities in recent years, with the diversity of the expression of public interest demands, legislative matters are becoming more and more diversified and refined. Experts participate in legislation as a way for the public to express their interests. It has been gradually developed and paid attention to in the legislative activities of our country, and still plays an important role in the legislative activities of our country today. To invite and select experts from different fields of society to participate in the legislative activities is not only to conform to the trend of social development and to meet the needs of the reform of the legislative system, but also to pay attention to the combination of theory and practice in the legislative field. Learn from and transplant the results of Western institutions. It is beneficial to strengthen the legislative authority, improve the legislative quality, and finally promote the democratization of legislation and legislative justice. It can be seen that it is of practical purpose and significance to let more experts participate in the legislative activities. The so-called experts to participate in legislative activities, on the basis of maintaining the legislative intent, by the legislature through various open ways to recruit experts in various fields of society, experts in the legislation to express their opinions, put forward recommendations. With the accumulation and deepening of experience, since the practice of experts' participation in legislative activities has been carried out in our country, the corresponding legislative achievements and the affirmation of all sectors of society have been obtained. The relevant laws such as legislative law also provide the legal basis of principle for experts to participate in legislative activities and lay a legal foundation for their practice. At present, our country's experts mainly participate in legislative research in three capacities. The earliest ones are legislative advisers. They have profound professional knowledge or rich practical experience and provide professional advice for legislative activities, followed by legislative assistants. This approach has emerged and developed with the complexity and specialization of legislative work in various countries. In some western countries, it is relatively mature. Our country is still in the early stages of exploration, and there is also a special legislative research institution. They play their respective roles and advantages in legislative activities and provide better ways and means for experts to participate in legislation. However, there are still many problems in the participation of Chinese experts in legislative activities. The legal status of expert participation in legislation is not clear, the existing laws are only some general and scattered provisions, the relevant power system on expert participation in legislation should be refined in the legislative law, and only the participation of experts should be relied on. The expression of public interest appeal is not complete and profound. How to maintain the neutrality of the expert identity and express the public interest more accurately is also the key issue in the legislative practice. In addition, experts become the spokesman of departmental interests, fixed small group experts in the participation of the phenomenon of corruption in the legislative activities, the lack of supervision mechanism and incentive mechanism, and other problems have to be faced and solved. The purpose of this paper is to find solutions to specific problems by analyzing the present situation and problems of experts' participation in legislative activities, and to put forward countermeasures and ideas for further improvement of experts' participation in legislative activities.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D920.0
本文编号：2302800
[Abstract]:In the legislative activities in recent years, with the diversity of the expression of public interest demands, legislative matters are becoming more and more diversified and refined. Experts participate in legislation as a way for the public to express their interests. It has been gradually developed and paid attention to in the legislative activities of our country, and still plays an important role in the legislative activities of our country today. To invite and select experts from different fields of society to participate in the legislative activities is not only to conform to the trend of social development and to meet the needs of the reform of the legislative system, but also to pay attention to the combination of theory and practice in the legislative field. Learn from and transplant the results of Western institutions. It is beneficial to strengthen the legislative authority, improve the legislative quality, and finally promote the democratization of legislation and legislative justice. It can be seen that it is of practical purpose and significance to let more experts participate in the legislative activities. The so-called experts to participate in legislative activities, on the basis of maintaining the legislative intent, by the legislature through various open ways to recruit experts in various fields of society, experts in the legislation to express their opinions, put forward recommendations. With the accumulation and deepening of experience, since the practice of experts' participation in legislative activities has been carried out in our country, the corresponding legislative achievements and the affirmation of all sectors of society have been obtained. The relevant laws such as legislative law also provide the legal basis of principle for experts to participate in legislative activities and lay a legal foundation for their practice. At present, our country's experts mainly participate in legislative research in three capacities. The earliest ones are legislative advisers. They have profound professional knowledge or rich practical experience and provide professional advice for legislative activities, followed by legislative assistants. This approach has emerged and developed with the complexity and specialization of legislative work in various countries. In some western countries, it is relatively mature. Our country is still in the early stages of exploration, and there is also a special legislative research institution. They play their respective roles and advantages in legislative activities and provide better ways and means for experts to participate in legislation. However, there are still many problems in the participation of Chinese experts in legislative activities. The legal status of expert participation in legislation is not clear, the existing laws are only some general and scattered provisions, the relevant power system on expert participation in legislation should be refined in the legislative law, and only the participation of experts should be relied on. The expression of public interest appeal is not complete and profound. How to maintain the neutrality of the expert identity and express the public interest more accurately is also the key issue in the legislative practice. In addition, experts become the spokesman of departmental interests, fixed small group experts in the participation of the phenomenon of corruption in the legislative activities, the lack of supervision mechanism and incentive mechanism, and other problems have to be faced and solved. The purpose of this paper is to find solutions to specific problems by analyzing the present situation and problems of experts' participation in legislative activities, and to put forward countermeasures and ideas for further improvement of experts' participation in legislative activities.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D920.0
【参考文献】
相关期刊论文 前1条
1 董力;;当前我国“开门立法”中的问题及对策[J];企业家天地;2010年04期
相关博士学位论文 前1条
1 马奔;协商民主问题研究[D];山东大学;2007年
相关硕士学位论文 前2条
1 何晓明;论地方立法的民主化[D];浙江大学;2004年
2 刘乔乔;论我国民主立法中的问题及完善[D];华东政法大学;2012年
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