論我國地方立法中的公眾參與制度
發(fā)布時間：2019-04-22 11:30
【摘要】：地方立法是我國立法體制的重要組成部分,是國家立法的必要補充,在社會主義民主法治建設(shè)中具有重要的地位和作用。地方立法工作影響著公民權(quán)利意識的培養(yǎng)、法制觀念的加強與公民素質(zhì)的提升,是構(gòu)建和諧社會的人文基礎(chǔ)和精神底蘊,社會主義得以發(fā)揚,法制得以實現(xiàn),有賴于完善各級立法及其相關(guān)制度。 在全球信息化,經(jīng)濟全球化,政治民主化,選擇多樣化,社會多元化的大背景下,構(gòu)建和諧社會需要完善的立法,需要有序的廣泛的積極主動的制度化的公眾參與,公眾參與所追求的合法性、民主性和科學性,也是推動善治和社會發(fā)展的理性選擇,是現(xiàn)代民主政治發(fā)展的必然要求,能夠把各階級的利益訴求,特別是普通民眾的利益訴求充分整合到立法決策中去,使各利益群體之間的利益得以協(xié)調(diào),矛盾得以化解,從而有效促進和諧社會的發(fā)展。 自1979年國家賦予地方立法權(quán)以來,為保證地方立法的科學性、民主性和創(chuàng)新性,地方立法機關(guān)圍繞著擴大公民有序參與立法工作進行了各方面的有益探索。近年來,公眾參與地方立法更是受到社會各界的廣泛關(guān)注,經(jīng)過多方面的共同努力,我國公眾參與地方立法取得的成果顯著,方式途徑均迅猛發(fā)展,但是其表面的繁榮,難以掩蓋其在發(fā)展方面存在的缺陷,如在法律的相關(guān)規(guī)定,公眾參與熱情,參與的實際操作方面,以及相關(guān)配套制度設(shè)計方面,與國外相比,無論從立法機關(guān)角度,還是從公眾自身角度而言都存在不足之處。 現(xiàn)階段我國正處于構(gòu)建和諧社會的關(guān)鍵時期,單一的同質(zhì)化的利益格局已被打破,多元交錯的利益結(jié)構(gòu)正逐步形成,使得公眾參與地方立法制度化具有了必要性和緊迫性。 因此,我們應(yīng)該立足當前的現(xiàn)實國情進一步加強公眾參與的制度設(shè)計,從法律及公眾的角度完善各方面相關(guān)配套制度設(shè)計,從法律的層面建立有效的地方立法公眾參與制度,以保證公眾參與的健康進行,推動地方立法的理性發(fā)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.
【學位授予單位】：西北民族大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D920.0
本文編號：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.
【學位授予單位】：西北民族大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D920.0
【引證文獻】
相關(guān)碩士學位論文 前1條
1 張瓊;論我國行政決策中的公眾參與[D];外交學院;2013年
，本文編號：2462795
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