地方人大辩论制度研究

发布时间：2018-09-08 19:51

【摘要】：人民代表大会是中国特色的议会,同时,人民代表大会制度也是我国的根本政治制度。但目前的人大制度有很多弊端,导致人大及其常委会的会议处在“会议无辩论,代表少发言”的不正常状态中,这种不正常的状态使其不能完全发挥宪法和法律赋予的职能。其重要原因之一是我们没有建立起人大辩论制度。学习和借鉴西方议会辩论制度来完善我国人民代表大会议事规则,其意义在于通过科学和民主的议事制度来使得我们的代表或委员懂得并善于去真正代表人民行使宪法和法律赋予的职权,而不至于只会聆听报告、衷心拥护、双手赞成各式报告和议案。而从我国现有体制来看,率先在地方人大制度中建构起程序化、规范化的“辩论制度”是可行的。本文试图探究何为议会辩论制度,分析与阐述地方人大辩论制度的缺失及其原因,思考和介绍西方国家议会辩论制度,并在此基础上,简要地将人大辩论划分为立法辩论和非立法辩论来进行探讨,粗略地勾勒出地方人大辩论制度。当然,辩论制度的建立及其成功运作任重道远。
[Abstract]:The people's Congress is the parliament with Chinese characteristics, at the same time, the people's Congress system is the fundamental political system of our country. However, there are many drawbacks in the current NPC system, which leads the NPC and its standing Committee meetings to be in an abnormal state of "no debate at the meeting and less speech by the deputies", which makes it unable to give full play to the functions entrusted by the Constitution and the law. One of its important reasons is that we have not established a system of debate. Learn from and learn from the western parliamentary debate system to improve the rules of procedure of our people's congresses, Its significance is to enable our representatives or members, through scientific and democratic deliberative systems, to understand and be good at truly representing the people in the exercise of their constitutional and legally mandated functions, rather than simply listening to the report and embracing it wholeheartedly, Both hands are in favor of various reports and motions. From the point of view of the present system of our country, it is feasible to take the lead in constructing the procedural and standardized "debate system" in the local people's Congress system. This paper attempts to explore what is the parliamentary debate system, to analyze and explain the shortcomings and reasons of the local people's Congress debate system, to think about and introduce the parliamentary debate system of the western countries, and on this basis, This paper briefly divides the debate into legislative debate and non-legislative debate, and outlines the system of local people's Congress debate. Of course, the establishment of the debate system and its successful operation have a long way to go.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D921.11

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