把人民帶回來:一項對瑞士全民公決制度的分析
發(fā)布時間：2018-09-08 17:28
【摘要】：全民公決是現(xiàn)代西方民主國家普遍存在的直接民主形式。特別是自二戰(zhàn)以后,隨著代議制民主的深化,全民公決幾已成為現(xiàn)代民主制度的重要組成部分,為各民主國家廣泛運用。在這其中,瑞士的全民公決無疑實行的最為堅久和深入。自二戰(zhàn)以降,全球所有國家層面的公投中近三分之二是瑞士所為。每年瑞士公民都要就15-20個議題進行全國性公決,加上瑞士的各個邦和市鎮(zhèn)有數(shù)量更為龐大的地方性公決,瑞士全民公決之活躍是其它任何國家都無法比擬的。從全民公決的類別看,不僅有強制性復決、選擇性復決,亦有公民自主創(chuàng)制,且所有的公決結果均具法律效力。從議題的內容看,瑞士的全民公訣不僅被用以決定立國建制、修憲立法的國之要務,而且也被廣泛用于日常公共政策的制定與修改�？梢哉f,公決制度已經(jīng)成為了瑞士政府治理形式的一個重要組成部分。本研究致力于探討全民公決與瑞士政治體系的相互關系。通過研究發(fā)現(xiàn)：一方面,瑞士的全民公決深受瑞士社會文化和結構因素的影響。瑞士深厚的直接民主傳統(tǒng)和中道溫和的公民文化、獨特的社會結構及混合式民主的現(xiàn)實運作都形塑和制約著瑞士全民公決的運行,是瑞士之所以能充分利用全民公決提高治理績效而同時不為極端民主所害的關鍵；另一方面,全民公決增強了瑞士政治系統(tǒng)的開放性和包容性。作為有效的政治反對工具,不僅賦予了普通民眾相當?shù)恼螞Q策權,而且也為各政黨和利益集團所利用,形塑著瑞士的政治格局。同時,由于其直接和間接的影響力,全民公決也深刻地作用于瑞士的協(xié)合民主體制,不僅促進了共識政治與權力分享機制的建立,亦為協(xié)合體制的維持和運作創(chuàng)造了條件。在兩種民主的視角下,我們發(fā)現(xiàn)瑞士廣泛而持久的全民公決雖然證明了直接民主的深度實踐是可能的,但這并不意味著直接民主可以完全替代間接民主。事實上,與其說直接民主是對代議制民主的重塑和顛覆,倒不如說是對代議制民主的補充和提升。更為重要的是,瑞士的直接民主實踐向我們表明,任何權力都是需要被約束的,全民公決也一樣。對直接民主的制衡的力量可能源于憲法程序、政治結構、政治精英抑或政治傳統(tǒng)和文化。唯如此,全民公決才不致淪為“多數(shù)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".
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D752.2
本文編號：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".
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D752.2
【參考文獻】
相關期刊論文 前1條
1 廉思;尤建春;;全民公決制度的概念研究[J];貴州社會科學;2009年05期
相關碩士學位論文 前1條
1 田芳菲;瑞士公民投票制度研究[D];華東政法大學;2012年
，本文編號：2231196
本文鏈接：http://www.sikaile.net/shekelunwen/guojizhengzhilunwen/2231196.html
