试析立法过程中的利益博弈
发布时间：2019-01-30 17:05
【摘要】： 转型时期的中国正面临更加复杂和多样的社会问题,核心问题是日益表面化的利益博弈。在过去,由于我国高度集中的中央集权体制,立法权高度集中于中央,强调国家利益的一致性和至高性,博弈机制没有适合其发展的土壤。近三十年来,利益主体多元化的形成,逐渐造成了由利益博弈来担当正义分配的机制之势,表现为从政策博弈向立法博弈的转型,其实质是利益博弈的法制化。利益博弈进入立法领域,是旨在将利益上升为权利的努力,是从规则的被动接受者到主动参与制定者的觉醒,是从无序争利到有序博弈的进步。在此过程中,一方的利益得到了维护和尊重,而又不至于使另一方的利益受到贬损,从而达到一种博弈均衡的状态。博弈均衡有赖于博弈机制的构建和完善,使其成为不同利益主体的制衡与平衡的平台和媒介。也使得立法更加贴近生活,符合民意。
[Abstract]:In the transitional period, China is facing more complex and diverse social problems, the core of which is the increasingly superficial interest game. In the past, due to the centralization of central power and the centralization of legislative power in China, which emphasized the consistency and supremacy of national interests, the game mechanism had no suitable soil for its development. In the past 30 years, the diversification of the main body of interest has gradually led to the tendency of the mechanism of fair distribution by the game of interests, which is reflected in the transition from the game of policy to the game of legislation, the essence of which is the legalization of the game of interest. The interest game entering the legislative field is an effort to raise the interest to the right, the awakening from the passive receiver of the rule to the active participant, and the progress from the disorder to the orderly game. In this process, the interests of one party are protected and respected, and the interests of the other party are not derogated, thus achieving a game equilibrium state. Game equilibrium depends on the construction and perfection of game mechanism, which makes it a platform and medium for different stakeholders to balance and balance. Also make legislation more close to life, in line with public opinion.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
本文编号：2418331
[Abstract]:In the transitional period, China is facing more complex and diverse social problems, the core of which is the increasingly superficial interest game. In the past, due to the centralization of central power and the centralization of legislative power in China, which emphasized the consistency and supremacy of national interests, the game mechanism had no suitable soil for its development. In the past 30 years, the diversification of the main body of interest has gradually led to the tendency of the mechanism of fair distribution by the game of interests, which is reflected in the transition from the game of policy to the game of legislation, the essence of which is the legalization of the game of interest. The interest game entering the legislative field is an effort to raise the interest to the right, the awakening from the passive receiver of the rule to the active participant, and the progress from the disorder to the orderly game. In this process, the interests of one party are protected and respected, and the interests of the other party are not derogated, thus achieving a game equilibrium state. Game equilibrium depends on the construction and perfection of game mechanism, which makes it a platform and medium for different stakeholders to balance and balance. Also make legislation more close to life, in line with public opinion.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
【引证文献】
相关期刊论文 前1条
1 吴燕;张玉洁;;立法中的非合作博弈研究[J];中小企业管理与科技(上旬刊);2011年02期
，本文编号：2418331
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