论我国地方立法中的公众参与制度
发布时间：2019-04-22 11:30
【摘要】：地方立法是我国立法体制的重要组成部分,是国家立法的必要补充,在社会主义民主法治建设中具有重要的地位和作用。地方立法工作影响着公民权利意识的培养、法制观念的加强与公民素质的提升,是构建和谐社会的人文基础和精神底蕴,社会主义得以发扬,法制得以实现,有赖于完善各级立法及其相关制度。 在全球信息化,经济全球化,政治民主化,选择多样化,社会多元化的大背景下,构建和谐社会需要完善的立法,需要有序的广泛的积极主动的制度化的公众参与,公众参与所追求的合法性、民主性和科学性,也是推动善治和社会发展的理性选择,是现代民主政治发展的必然要求,能够把各阶级的利益诉求,特别是普通民众的利益诉求充分整合到立法决策中去,使各利益群体之间的利益得以协调,矛盾得以化解,从而有效促进和谐社会的发展。 自1979年国家赋予地方立法权以来,为保证地方立法的科学性、民主性和创新性,地方立法机关围绕着扩大公民有序参与立法工作进行了各方面的有益探索。近年来,公众参与地方立法更是受到社会各界的广泛关注,经过多方面的共同努力,我国公众参与地方立法取得的成果显著,方式途径均迅猛发展,但是其表面的繁荣,难以掩盖其在发展方面存在的缺陷,如在法律的相关规定,公众参与热情,参与的实际操作方面,以及相关配套制度设计方面,与国外相比,无论从立法机关角度,还是从公众自身角度而言都存在不足之处。 现阶段我国正处于构建和谐社会的关键时期,单一的同质化的利益格局已被打破,多元交错的利益结构正逐步形成,使得公众参与地方立法制度化具有了必要性和紧迫性。 因此,我们应该立足当前的现实国情进一步加强公众参与的制度设计,从法律及公众的角度完善各方面相关配套制度设计,从法律的层面建立有效的地方立法公众参与制度,以保证公众参与的健康进行,推动地方立法的理性发展。
[Abstract]:Local legislation is an important part of China's legislative system, is a necessary complement to national legislation, and plays an important role in the construction of socialist democracy and the rule of law. Local legislative work affects the cultivation of citizen's right consciousness, the strengthening of legal concept and the promotion of citizen's quality, which is the humanistic foundation and spiritual connotation of building a harmonious society, socialism can be carried forward, and the legal system can be realized. Depends on the perfection of all levels of legislation and related systems. Under the background of global informatization, economic globalization, political democratization, diversification of choice, and social pluralism, the construction of a harmonious society requires perfect legislation and orderly, broad, proactive and institutionalized public participation. The legitimacy, democracy and science that public participation pursues is also a rational choice to promote good governance and social development, is the inevitable requirement of the development of modern democratic politics, and can appeal to the interests of all classes. In particular, the interests of ordinary people are fully integrated into the legislative decision-making, so that the interests of various interest groups can be coordinated, contradictions can be resolved, so as to effectively promote the development of a harmonious society. Since 1979, in order to ensure the scientificity, democracy and innovation of the local legislation, the local legislature has carried out various beneficial explorations around expanding citizens' orderly participation in the legislative work. In recent years, public participation in local legislation has received extensive attention from all walks of life. Through the joint efforts of many aspects, the public participation in local legislation in China has achieved remarkable results, and the ways and means have developed rapidly, but its surface prosperity. It is difficult to conceal its shortcomings in terms of development, such as the relevant provisions of the law, the enthusiasm for public participation, the practical aspects of participation, and the design of the relevant supporting systems, whether from the perspective of the legislature, compared with foreign countries, Or from the point of view of the public itself, there are shortcomings. At present, our country is in the key period of building a harmonious society, the single homogeneous pattern of interests has been broken, the multi-staggered structure of interests is gradually formed, which makes it necessary and urgent for the public to participate in the institutionalization of local legislation. Therefore, we should further strengthen the system design of public participation based on the current national conditions, perfect the relevant system design of all aspects from the angle of law and the public, and establish an effective system of public participation in local legislation from the legal level. In order to ensure the healthy progress of public participation, promote the rational development of local legislation.
【学位授予单位】：西北民族大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
本文编号：2462795
[Abstract]:Local legislation is an important part of China's legislative system, is a necessary complement to national legislation, and plays an important role in the construction of socialist democracy and the rule of law. Local legislative work affects the cultivation of citizen's right consciousness, the strengthening of legal concept and the promotion of citizen's quality, which is the humanistic foundation and spiritual connotation of building a harmonious society, socialism can be carried forward, and the legal system can be realized. Depends on the perfection of all levels of legislation and related systems. Under the background of global informatization, economic globalization, political democratization, diversification of choice, and social pluralism, the construction of a harmonious society requires perfect legislation and orderly, broad, proactive and institutionalized public participation. The legitimacy, democracy and science that public participation pursues is also a rational choice to promote good governance and social development, is the inevitable requirement of the development of modern democratic politics, and can appeal to the interests of all classes. In particular, the interests of ordinary people are fully integrated into the legislative decision-making, so that the interests of various interest groups can be coordinated, contradictions can be resolved, so as to effectively promote the development of a harmonious society. Since 1979, in order to ensure the scientificity, democracy and innovation of the local legislation, the local legislature has carried out various beneficial explorations around expanding citizens' orderly participation in the legislative work. In recent years, public participation in local legislation has received extensive attention from all walks of life. Through the joint efforts of many aspects, the public participation in local legislation in China has achieved remarkable results, and the ways and means have developed rapidly, but its surface prosperity. It is difficult to conceal its shortcomings in terms of development, such as the relevant provisions of the law, the enthusiasm for public participation, the practical aspects of participation, and the design of the relevant supporting systems, whether from the perspective of the legislature, compared with foreign countries, Or from the point of view of the public itself, there are shortcomings. At present, our country is in the key period of building a harmonious society, the single homogeneous pattern of interests has been broken, the multi-staggered structure of interests is gradually formed, which makes it necessary and urgent for the public to participate in the institutionalization of local legislation. Therefore, we should further strengthen the system design of public participation based on the current national conditions, perfect the relevant system design of all aspects from the angle of law and the public, and establish an effective system of public participation in local legislation from the legal level. In order to ensure the healthy progress of public participation, promote the rational development of local legislation.
【学位授予单位】：西北民族大学
【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 张琼;论我国行政决策中的公众参与[D];外交学院;2013年
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