全国人大常委会立法公开问题研究

发布时间：2019-01-13 09:34

【摘要】：立法公开,作为落实民主立法的客观需要,是立法领域绕不开的课题,也是备受讨论的话题。2015年《立法法》进行修订,在公开方面增加并修改多项内容。在这一背景下,开展相关的研究和分析,有着特别重要的意义。随着全国人大常委会立法作用的逐渐加强,探讨其公开问题成为一种必然趋势。因此,本文从法律规定及现状、存在的问题、完善建议三个角度对全国人大常委会立法公开问题进行分析和论述,同时介绍和借鉴国外在立法公开领域的经验,以便能为其完善提供帮助。本文由五部分组成,具体内容概述如下:第一部分是选题背景、选题意义和国内外研究现状的介绍。从选题背景来说,一方面实现全国人大常委会立法公开是落实立法公开的重要内容,另一方面,全国人大常委会立法公开在理论研究和实践操作方面都有需要进一步完善之处,因此,进行该研究是十分有必要的。在选题意义上,进行全国人大常委会立法公开问题的探讨,有着理论和现实的双重作用。在国内外研究现状上,对该领域具有代表性的观点和做法进行了梳理。第二部分是对全国人大常委会立法公开现实状况的梳理。首先,从法律规定层面对全国人大常委会立法公开问题的目前情况进行了梳理。目前,涉及全国人大常委会立法公开问题的法规是《立法法》,尚没有其他相关规定。其次,从立法实践层面对全国人大常委会立法公开问题进行了阐述,主要包括立法公开的方式、公开范围问题,并通过实证分析的方法进行了论证。第三部分是关于全国人大常委会立法公开存在问题的分析。具体来看,主要从以下几个角度展开论述:法律依据方面、公开范围方面、公开方式方面、意见反馈方面。在法律依据上,虽然《立法法》对全国人大常委会立法公开进行了规范,但是没有其他相应规范,缺少完善的配套制度,说明其在立法层面并未引起足够重视。在公开范围上,集中表现为公开范围较窄和公开深度不够。在公开方式上,主要体现为单向性和单一性,不能达到良好的公开效果。在意见反馈上,往往只关注前期的信息收集,而忽略了后期的反馈环节,缺少相应的沟通机制。第四部分是对国外立法公开制度的阐述以及启示。本部分是从全国人大常委会立法公开制度存在问题的四个方面——法律依据、公开范围、公开方式、意见反馈——进行梳理和总结的,以期有助于全国人大常委会立法公开的改进。其中,涉及了美、英、法、德、日等国家的具体实践做法。第五部分是对完善全国人大常委会立法公开提出的建议。首先,论述了完善全国人大常委会立法公开的原因。其次,基于全国人大常委会立法公开的现实情况,并借鉴国外立法公开的有益经验,为完善该制度提出具体建议。完善该制度过程中,必须把握好三个基本问题:注重本土实际、形成制度化保障、进行多元化建构。在具体建议方面,基础在于培养立法公开的观念,然后从完善立法、扩大公开范围、丰富公开方式、建立反馈机制四个方面分别提出设想和对策。这四个方面也是全国人大常委会立法公开的不足之处。
[Abstract]:As an objective requirement for the implementation of democratic legislation, it is a subject that is not open in the field of legislation. It is also a subject of discussion. In 2015, the Law of the People's Republic of China is revised to increase and modify the contents in public. In this context, it is of particular importance to carry out relevant research and analysis. With the gradual strengthening of the legislative function of the Standing Committee of the National People's Congress, it is an inevitable trend to probe into the public problems. Therefore, this paper analyzes and discusses the legislative opening of the Standing Committee of the National People's Congress from three aspects, such as the legal provisions and the present situation, the existing problems and the perfection of the suggestions, and also introduces and reference the experience of foreign countries in the field of legislative disclosure, so as to help them to perfect. This paper is composed of five parts, which are summarized as follows: the first part is the background of the topic, the meaning of the topic and the introduction of the present research situation at home and abroad. On the one hand, the legislative opening of the Standing Committee of the National People's Congress, on the one hand, is an important part of the implementation of the legislation. On the other hand, the legislative opening of the Standing Committee of the National People's Congress has a need for further improvement in both theoretical and practical operation. It is necessary to carry out the study. On the basis of the selection of the topic, the discussion of the issue of the legislative opening of the Standing Committee of the National People's Congress has the dual function of theory and reality. At home and abroad, a representative point of view and practice in this field is analyzed. The second part is to comb the reality of the legislative opening of the Standing Committee of the National People's Congress. First, the present situation of the legislative opening of the Standing Committee of the Standing Committee of the National People's Congress has been sorted out from the point of law. At present, the laws of the Standing Committee of the National People's Congress (NPC) on the issue of legislative disclosure are the Code of the Law of the People's Republic of China, and there are no other relevant provisions. Secondly, the paper expounds the legislative opening of the Standing Committee of the National People's Congress from the aspect of the legislative practice, mainly including the way of the public legislation, the scope of the disclosure, and the demonstration of the method of the empirical analysis. The third part is the analysis of the existing problems in the legislation of the Standing Committee of the National People's Congress. in particular, it is mainly discus from that aspect of the legal basis, the scope of the disclosure, the way in which it is open, and the feedback aspect. On the legal basis, although the law of the Standing Committee of the National People's Congress has been regulated by the Law of the National People's Congress (NPC), there are no other relevant norms, and there is a lack of perfect supporting system, which means that it does not give enough attention to the legislative level. in that disclose scope, the concentration is shown to be narrow and the disclosure depth is not sufficient. In the open mode, it is mainly embodied as one-way and one-sided, and it is not possible to achieve a good public effect. In the feedback, only the information collection in the early stage is concerned, and the feedback link in the later stage is ignored, and the corresponding communication mechanism is missing. The fourth part is the elaboration of the foreign legislation public system and the enlightenment. This part is the four aspects of the existence of the legislative opening system of the Standing Committee of the National People's Congress. The legal basis, the open scope, the public manner and the feedback _ are summed up and summarized, with a view to helping to improve the legislative opening of the Standing Committee of the National People's Congress. It involves the concrete practice of the countries such as the United States, Britain, France, Germany and Japan. The fifth part is to improve the legislative opening of the Standing Committee of the National People's Congress. First, this paper discusses the reasons for improving the legislative opening of the Standing Committee of the National People's Congress. Secondly, based on the reality of the legislative opening of the Standing Committee of the National People's Congress (NPC), and drawing on the beneficial experience of the foreign legislation, it puts forward concrete suggestions to improve the system. In order to perfect the system, it is necessary to grasp three basic problems: to focus on the local practice, to form the institutional guarantee, and to carry out the diversified construction. On the basis of the concrete proposal, the author puts forward the ideas and countermeasures from the aspects of perfecting the legislation, expanding the open scope, enriching the public way, and establishing the feedback mechanism. The four aspects are also the shortcomings of the legislative opening of the Standing Committee of the National People's Congress.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0

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