把人民带回来:一项对瑞士全民公决制度的分析
发布时间：2018-09-08 17:28
【摘要】：全民公决是现代西方民主国家普遍存在的直接民主形式。特别是自二战以后,随着代议制民主的深化,全民公决几已成为现代民主制度的重要组成部分,为各民主国家广泛运用。在这其中,瑞士的全民公决无疑实行的最为坚久和深入。自二战以降,全球所有国家层面的公投中近三分之二是瑞士所为。每年瑞士公民都要就15-20个议题进行全国性公决,加上瑞士的各个邦和市镇有数量更为庞大的地方性公决,瑞士全民公决之活跃是其它任何国家都无法比拟的。从全民公决的类别看,不仅有强制性复决、选择性复决,亦有公民自主创制,且所有的公决结果均具法律效力。从议题的内容看,瑞士的全民公诀不仅被用以决定立国建制、修宪立法的国之要务,而且也被广泛用于日常公共政策的制定与修改。可以说,公决制度已经成为了瑞士政府治理形式的一个重要组成部分。本研究致力于探讨全民公决与瑞士政治体系的相互关系。通过研究发现：一方面,瑞士的全民公决深受瑞士社会文化和结构因素的影响。瑞士深厚的直接民主传统和中道温和的公民文化、独特的社会结构及混合式民主的现实运作都形塑和制约着瑞士全民公决的运行,是瑞士之所以能充分利用全民公决提高治理绩效而同时不为极端民主所害的关键；另一方面,全民公决增强了瑞士政治系统的开放性和包容性。作为有效的政治反对工具,不仅赋予了普通民众相当的政治决策权,而且也为各政党和利益集团所利用,形塑着瑞士的政治格局。同时,由于其直接和间接的影响力,全民公决也深刻地作用于瑞士的协合民主体制,不仅促进了共识政治与权力分享机制的建立,亦为协合体制的维持和运作创造了条件。在两种民主的视角下,我们发现瑞士广泛而持久的全民公决虽然证明了直接民主的深度实践是可能的,但这并不意味着直接民主可以完全替代间接民主。事实上,与其说直接民主是对代议制民主的重塑和颠覆,倒不如说是对代议制民主的补充和提升。更为重要的是,瑞士的直接民主实践向我们表明,任何权力都是需要被约束的,全民公决也一样。对直接民主的制衡的力量可能源于宪法程序、政治结构、政治精英抑或政治传统和文化。唯如此,全民公决才不致沦为“多数人暴政”的工具。
[Abstract]:The referendum is a direct form of democracy in modern western democracies. Especially since World War II, with the deepening of representative democracy, referendum has become an important part of modern democratic system and widely used in various democratic countries. Among them, the referendum in Switzerland is undoubtedly the most firm and in-depth. Switzerland has done nearly 2/3 of the referendums at all national levels since World War II. Every year Swiss citizens hold a national referendum on 15-20 issues, and Switzerland's states and municipalities have a larger number of local referendums, which are more active than any other country. From the category of referendum, there are not only compulsory plebiscite, selective plebiscite, but also citizen initiative, and all the results of referendum have legal effect. From the point of view of the topic, the popular vote in Switzerland is not only used to determine the national priorities of the establishment and revision of the constitution, but also widely used in the formulation and revision of daily public policy. It can be said that the referendum system has become an important part of the form of governance of the Swiss government. This study focuses on the relationship between the referendum and the Swiss political system. On the one hand, the referendum in Switzerland was deeply influenced by the cultural and structural factors. Switzerland's deep tradition of direct democracy, its moderate civic culture, its unique social structure and the practical operation of mixed democracy shape and constrain the operation of the Swiss referendum. It is the key that Switzerland can make full use of the referendum to improve the performance of governance without the harm of extreme democracy; on the other hand, the referendum enhances the openness and inclusiveness of the Swiss political system. As an effective tool of political opposition, it not only gives equal political decision-making power to ordinary people, but also is used by political parties and interest groups to shape the political pattern of Switzerland. At the same time, because of its direct and indirect influence, the referendum has a profound effect on the cooperative democratic system in Switzerland, which not only promotes the establishment of consensus politics and power-sharing mechanism, but also creates conditions for the maintenance and operation of the cooperative system. From the perspective of two kinds of democracy, we find that the extensive and lasting referendum in Switzerland proves that the deep practice of direct democracy is possible, but this does not mean that direct democracy can completely replace indirect democracy. In fact, direct democracy is not so much a remolding and subversion of representative democracy as it is a complement to and promotion of representative democracy. More importantly, Switzerland's direct democratic practices show us that any power needs to be bound, as does a referendum. Checks and balances on direct democracy may stem from constitutional processes, political structures, political elites, or political traditions and cultures. Only in this way, the referendum will not be reduced to "tyranny by the majority".
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D752.2
本文编号：2231196
[Abstract]:The referendum is a direct form of democracy in modern western democracies. Especially since World War II, with the deepening of representative democracy, referendum has become an important part of modern democratic system and widely used in various democratic countries. Among them, the referendum in Switzerland is undoubtedly the most firm and in-depth. Switzerland has done nearly 2/3 of the referendums at all national levels since World War II. Every year Swiss citizens hold a national referendum on 15-20 issues, and Switzerland's states and municipalities have a larger number of local referendums, which are more active than any other country. From the category of referendum, there are not only compulsory plebiscite, selective plebiscite, but also citizen initiative, and all the results of referendum have legal effect. From the point of view of the topic, the popular vote in Switzerland is not only used to determine the national priorities of the establishment and revision of the constitution, but also widely used in the formulation and revision of daily public policy. It can be said that the referendum system has become an important part of the form of governance of the Swiss government. This study focuses on the relationship between the referendum and the Swiss political system. On the one hand, the referendum in Switzerland was deeply influenced by the cultural and structural factors. Switzerland's deep tradition of direct democracy, its moderate civic culture, its unique social structure and the practical operation of mixed democracy shape and constrain the operation of the Swiss referendum. It is the key that Switzerland can make full use of the referendum to improve the performance of governance without the harm of extreme democracy; on the other hand, the referendum enhances the openness and inclusiveness of the Swiss political system. As an effective tool of political opposition, it not only gives equal political decision-making power to ordinary people, but also is used by political parties and interest groups to shape the political pattern of Switzerland. At the same time, because of its direct and indirect influence, the referendum has a profound effect on the cooperative democratic system in Switzerland, which not only promotes the establishment of consensus politics and power-sharing mechanism, but also creates conditions for the maintenance and operation of the cooperative system. From the perspective of two kinds of democracy, we find that the extensive and lasting referendum in Switzerland proves that the deep practice of direct democracy is possible, but this does not mean that direct democracy can completely replace indirect democracy. In fact, direct democracy is not so much a remolding and subversion of representative democracy as it is a complement to and promotion of representative democracy. More importantly, Switzerland's direct democratic practices show us that any power needs to be bound, as does a referendum. Checks and balances on direct democracy may stem from constitutional processes, political structures, political elites, or political traditions and cultures. Only in this way, the referendum will not be reduced to "tyranny by the majority".
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D752.2
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1 廉思;尤建春;;全民公决制度的概念研究[J];贵州社会科学;2009年05期
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1 田芳菲;瑞士公民投票制度研究[D];华东政法大学;2012年
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