중국에서의 법안심의과정의 문제점과 개선방안

Abstract

Thousands years' cultural tradition affects China deeply. In the field of system culture, the most obviousness is the common phenomenon that the judicial authorities don't follow the process control. It is common that the entity weighs more than the process. The process has become the cover when the entity result is inappropriate. Nowadays, on the one hand, China promotes the rule of law; on the other hand, the established process restriction is avoided in practice. This situation is not only the true portrayal of China legal construction, but also a barrier China must undergo to rule with law. Objectively speaking, China legal construction doesn't lack process regulation. For legislation, the biggest problem is that process without restriction. The purpose of the thesis is to explain the important part that the established legislation process control plays in making sure the result legitimacy of legislation right exercise. It is well known that power under any system maybe dissimilated or abused. It is meaningful for current rule of law to legally and legitimately measure and control the public right, in order to prevent power from corrupting. Therefore, it is significant to effectively control the legislation review exercise, prevent and avoid the phenomenon of legislation corruption and legislative rent-seeking. In democratic politics, the exercise of any power must follow certain process regulation to mix power in process. Essentially speaking, the process itself is the standard operation of power. Any power without going through the process is risking abusing. During the process, the process must play a true role of restriction to power; the purpose to standardize the right exercise can be met. For the legislation review process, it is in fact democratic and reasonable behavior regulation of legislation activity. It not only prevents legislation bossy, but also truly integrates national will to station will, to make law get the respect and voluntary compliance of the majority of people and promote common people's belief in rule with law. The thesis chooses the perspective of process control to explain its effect on the legislation review process legitimacy. It quotes the study and application of the mature process control in the legal field and the political field, because the writer lacks introspection of China legislation behavior regulation. Through the study, the writer believes that China legislation review process voting mechanism lacks relevant regulation, which leads to the abnormal phenomenon of review only no discussion or discussion only no decision, low degree of bill review regulation, lack of time of bill review, weak general discussion of bill review, unimproved bill review way, lack of elements of bill review, and not clear key of bill review and so on. In order to improve current legislation process regulation, China should improve the legislation system to improve the bill review regulation, clarify the bill content to make sure the bill review carried out step by step. The review voting system should be used to stabilize the review's. The bill review method should be improved to strengthen the openness of the bill review. Using all the above ways to improve China legislation review process and truly realize bill review.