德国议会立法制度研究
发布时间：2019-06-04 12:00
【摘要】： 立法制度是指在一定的历史条件下形成的国家立法所必须遵循的各种制度的总称。作为一国政治制度与法律制度的重要组成部分,立法制度广泛而深刻的影响并作用于一国的政治、经济、文化以及社会生活等各个方面。它确立并巩固了执政阶级的政治统治地位,为经济基础提供了必要的服务,同时也确认和保障了民主法制的建设。特别是近现代国家的立法制度,对于建立和发展民主政治、促进社会的文明与进步、维护社会的长期稳定更是具有积极的作用。作为大陆法系代表国家之一的德国,无论从立法制度发展的广度、深度还是从其完善的程度上来看都是其他国家所无法比拟的,德国议会两院主导与辅助的立法模式更是值得我们研究和借鉴。通过对德国议会立法制度进行全面而深入的研究,不但有助于我们进一步了解当代西方资本主义国家的议会立法制度而且对我国不断加强人民代表大会制度的建设大有裨益,帮助我们逐步提高我国的民主立法进程。本文以目前我国现有的对德国议会制度及其立法程序的研究为基础,广泛的收集和消化相关研究的文献资料,运用比较分析的方法对德国议会立法制度的本质内容及其特征进行了系统的阐述。 除了引言和结语外,本文主要分为五个部分：第一部分首先对德国的政治制度和作为议会立法机关的联邦两院进行了论述和分析,使我们得以从大背景下对德国议会立法制度加以初步了解。第二部分对联邦议院和联邦参议院的立法权限进行了详细的介绍,立法权限的掌控是进行立法活动的首要前提,没有立法权也就无立法制度可言。第三部分着重分析了德国议会的立法程序,按照立法从提出到最终公布的顺序分节阐明,并对其中集中体现德国议会立法民主化的立法听证程序单独提出加以论述。第四部分分三节详细介绍了德国议会立法过程中所运用的具体立法技术。第五部分也是本文的最后一个部分,主要论述了德国的政党在议会立法过程中所发挥的重要作用,即对议会立法的控制和有效监督。
[Abstract]:Legislative system refers to the general name of various systems that must be followed by national legislation formed under certain historical conditions. As an important part of a country's political system and legal system, the legislative system has a wide and profound impact on the political, economic, cultural and social life of a country. It has established and consolidated the political dominant position of the ruling class, provided the necessary service for the economic base, and confirmed and guaranteed the construction of democracy and legal system. Especially, the legislative system of modern countries plays a positive role in the establishment and development of democratic politics, the promotion of social civilization and progress, and the maintenance of long-term stability of society. Germany, as one of the representative countries of the civil law system, is incomparable to other countries in terms of the breadth, depth and perfection of the legislative system. The legislative model led and supplemented by the two houses of the German Parliament is worthy of our study and reference. Through a comprehensive and in-depth study of the legislative system of the German Parliament, it will not only help us to further understand the parliamentary legislative system of contemporary western capitalist countries, but also be of great benefit to our country in constantly strengthening the construction of the people's Congress system. To help us gradually improve the process of democratic legislation in our country. This paper is based on the existing research on the German parliamentary system and its legislative procedure in our country, and widely collects and digests the relevant literature and materials. This paper systematically expounds the essential content and characteristics of the legislative system of the German Parliament by means of comparative analysis. In addition to the introduction and conclusion, this paper is mainly divided into five parts: the first part discusses and analyzes the political system of Germany and the two houses of the Federation as the legislature of Parliament. So that we can get a preliminary understanding of the legislative system of the German Parliament from the general background. The second part introduces the legislative authority of the Bundestag and the Federal Senate in detail. The control of the legislative authority is the primary prerequisite for legislative activities, and there is no legislative system without legislative power. The third part focuses on the analysis of the legislative procedure of the German Parliament, according to the order from the introduction of the legislation to the final publication of the order to clarify, and the legislative hearing procedure, which focuses on the democratization of the legislation of the German Parliament, is discussed separately. The fourth part is divided into three sections to introduce the specific legislative technology used in the legislative process of the German Parliament in detail. The fifth part is also the last part of this paper, which mainly discusses the important role played by German political parties in the process of parliamentary legislation, that is, the control and effective supervision of parliamentary legislation.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D951.6
本文编号：2492706
[Abstract]:Legislative system refers to the general name of various systems that must be followed by national legislation formed under certain historical conditions. As an important part of a country's political system and legal system, the legislative system has a wide and profound impact on the political, economic, cultural and social life of a country. It has established and consolidated the political dominant position of the ruling class, provided the necessary service for the economic base, and confirmed and guaranteed the construction of democracy and legal system. Especially, the legislative system of modern countries plays a positive role in the establishment and development of democratic politics, the promotion of social civilization and progress, and the maintenance of long-term stability of society. Germany, as one of the representative countries of the civil law system, is incomparable to other countries in terms of the breadth, depth and perfection of the legislative system. The legislative model led and supplemented by the two houses of the German Parliament is worthy of our study and reference. Through a comprehensive and in-depth study of the legislative system of the German Parliament, it will not only help us to further understand the parliamentary legislative system of contemporary western capitalist countries, but also be of great benefit to our country in constantly strengthening the construction of the people's Congress system. To help us gradually improve the process of democratic legislation in our country. This paper is based on the existing research on the German parliamentary system and its legislative procedure in our country, and widely collects and digests the relevant literature and materials. This paper systematically expounds the essential content and characteristics of the legislative system of the German Parliament by means of comparative analysis. In addition to the introduction and conclusion, this paper is mainly divided into five parts: the first part discusses and analyzes the political system of Germany and the two houses of the Federation as the legislature of Parliament. So that we can get a preliminary understanding of the legislative system of the German Parliament from the general background. The second part introduces the legislative authority of the Bundestag and the Federal Senate in detail. The control of the legislative authority is the primary prerequisite for legislative activities, and there is no legislative system without legislative power. The third part focuses on the analysis of the legislative procedure of the German Parliament, according to the order from the introduction of the legislation to the final publication of the order to clarify, and the legislative hearing procedure, which focuses on the democratization of the legislation of the German Parliament, is discussed separately. The fourth part is divided into three sections to introduce the specific legislative technology used in the legislative process of the German Parliament in detail. The fifth part is also the last part of this paper, which mainly discusses the important role played by German political parties in the process of parliamentary legislation, that is, the control and effective supervision of parliamentary legislation.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D951.6
【引证文献】
相关硕士学位论文 前1条
1 孙兆红;中央政府与地方政府农村社会养老保险政府责任划分的研究[D];南京财经大学;2012年
，本文编号：2492706
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