專家參與立法研究
發(fā)布時間：2018-10-31 16:04
【摘要】：在近幾年的立法活動中,隨著公眾利益訴求表達(dá)的多樣性,立法事項越來越多元化、精細(xì)化,專家參與立法作為公眾表達(dá)利益的一種方式,在我國的立法活動中逐漸得到發(fā)展和重視,時至今日,仍然在我國立法活動中發(fā)揮著重要的作用。立法機(jī)關(guān)邀請和選任社會各界不同領(lǐng)域的專家參與到立法活動中來,既是順應(yīng)社會發(fā)展趨勢、適應(yīng)立法體制改革的需要,也是立法領(lǐng)域注重理論與實踐相結(jié)合、借鑒和移植西方制度的結(jié)果。有利于強(qiáng)化立法權(quán)威,內(nèi)在地提高了立法質(zhì)量,最終促進(jìn)實現(xiàn)立法的民主化和立法公正,由此可見,讓更多的專家參與到立法活動當(dāng)中是具有現(xiàn)實的目的和意義的。所謂專家參與立法活動,就是在保持立法原意的基礎(chǔ)上,由立法機(jī)關(guān)通過各種公開的方式招聘社會各個領(lǐng)域的專家,專家在立法中發(fā)表意見、提出建議。隨著經(jīng)驗的累積和加深,專家參與立法活動的實踐在我國開展以來,取得了相應(yīng)的立法成果和社會各界的肯定,憲法、立法法等相關(guān)法律也為專家參與立法活動提供了原則性的法律依據(jù),為其實踐奠定了法律基礎(chǔ)。就目前來看,我國專家主要以三種身份參與到立法研究中來,最早出現(xiàn)的是立法顧問,他們具備深厚專業(yè)知識或豐富實踐經(jīng)驗,為立法活動提供專業(yè)咨詢,緊接著是立法助理,這種方式是隨著各國立法工作的復(fù)雜化和專業(yè)化而產(chǎn)生和發(fā)展的,在一些西方國家發(fā)展比較成熟,我國還處在探索初期,還有一種是專門的立法研究機(jī)構(gòu),三者在立法活動中發(fā)揮各自的作用和優(yōu)勢,為專家參與立法提供更好的途徑和方式。然而我國專家在參與立法活動中仍存在著很多的問題。專家參與立法的法律地位不明確,現(xiàn)有法律只是一些籠統(tǒng)而零散的規(guī)定,應(yīng)該在立法法中細(xì)化關(guān)于專家參與立法的相關(guān)權(quán)力制度規(guī)定,而且僅憑專家的參與,對公眾利益訴求的表達(dá)并不完整和深刻,如何能夠保持專家身份的中立性,對公眾利益的表達(dá)更加準(zhǔn)確,也是在立法實踐中重點需要關(guān)注的問題。另外,專家成為部門利益的代言人、固定小團(tuán)體專家在參與立法活動中出現(xiàn)的腐敗現(xiàn)象,缺乏對其的監(jiān)督機(jī)制和鼓勵機(jī)制等問題,都是不得不面對和解決的問題。本文旨在通過對專家參與立法活動的現(xiàn)狀和問題的分析,來找尋具體問題的解決方案,并為進(jìn)一步完善專家參與立法活動提出對策和構(gòu)想。
[Abstract]:In the legislative activities in recent years, with the diversity of the expression of public interest demands, legislative matters are becoming more and more diversified and refined. Experts participate in legislation as a way for the public to express their interests. It has been gradually developed and paid attention to in the legislative activities of our country, and still plays an important role in the legislative activities of our country today. To invite and select experts from different fields of society to participate in the legislative activities is not only to conform to the trend of social development and to meet the needs of the reform of the legislative system, but also to pay attention to the combination of theory and practice in the legislative field. Learn from and transplant the results of Western institutions. It is beneficial to strengthen the legislative authority, improve the legislative quality, and finally promote the democratization of legislation and legislative justice. It can be seen that it is of practical purpose and significance to let more experts participate in the legislative activities. The so-called experts to participate in legislative activities, on the basis of maintaining the legislative intent, by the legislature through various open ways to recruit experts in various fields of society, experts in the legislation to express their opinions, put forward recommendations. With the accumulation and deepening of experience, since the practice of experts' participation in legislative activities has been carried out in our country, the corresponding legislative achievements and the affirmation of all sectors of society have been obtained. The relevant laws such as legislative law also provide the legal basis of principle for experts to participate in legislative activities and lay a legal foundation for their practice. At present, our country's experts mainly participate in legislative research in three capacities. The earliest ones are legislative advisers. They have profound professional knowledge or rich practical experience and provide professional advice for legislative activities, followed by legislative assistants. This approach has emerged and developed with the complexity and specialization of legislative work in various countries. In some western countries, it is relatively mature. Our country is still in the early stages of exploration, and there is also a special legislative research institution. They play their respective roles and advantages in legislative activities and provide better ways and means for experts to participate in legislation. However, there are still many problems in the participation of Chinese experts in legislative activities. The legal status of expert participation in legislation is not clear, the existing laws are only some general and scattered provisions, the relevant power system on expert participation in legislation should be refined in the legislative law, and only the participation of experts should be relied on. The expression of public interest appeal is not complete and profound. How to maintain the neutrality of the expert identity and express the public interest more accurately is also the key issue in the legislative practice. In addition, experts become the spokesman of departmental interests, fixed small group experts in the participation of the phenomenon of corruption in the legislative activities, the lack of supervision mechanism and incentive mechanism, and other problems have to be faced and solved. The purpose of this paper is to find solutions to specific problems by analyzing the present situation and problems of experts' participation in legislative activities, and to put forward countermeasures and ideas for further improvement of experts' participation in legislative activities.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D920.0
本文編號：2302800
[Abstract]:In the legislative activities in recent years, with the diversity of the expression of public interest demands, legislative matters are becoming more and more diversified and refined. Experts participate in legislation as a way for the public to express their interests. It has been gradually developed and paid attention to in the legislative activities of our country, and still plays an important role in the legislative activities of our country today. To invite and select experts from different fields of society to participate in the legislative activities is not only to conform to the trend of social development and to meet the needs of the reform of the legislative system, but also to pay attention to the combination of theory and practice in the legislative field. Learn from and transplant the results of Western institutions. It is beneficial to strengthen the legislative authority, improve the legislative quality, and finally promote the democratization of legislation and legislative justice. It can be seen that it is of practical purpose and significance to let more experts participate in the legislative activities. The so-called experts to participate in legislative activities, on the basis of maintaining the legislative intent, by the legislature through various open ways to recruit experts in various fields of society, experts in the legislation to express their opinions, put forward recommendations. With the accumulation and deepening of experience, since the practice of experts' participation in legislative activities has been carried out in our country, the corresponding legislative achievements and the affirmation of all sectors of society have been obtained. The relevant laws such as legislative law also provide the legal basis of principle for experts to participate in legislative activities and lay a legal foundation for their practice. At present, our country's experts mainly participate in legislative research in three capacities. The earliest ones are legislative advisers. They have profound professional knowledge or rich practical experience and provide professional advice for legislative activities, followed by legislative assistants. This approach has emerged and developed with the complexity and specialization of legislative work in various countries. In some western countries, it is relatively mature. Our country is still in the early stages of exploration, and there is also a special legislative research institution. They play their respective roles and advantages in legislative activities and provide better ways and means for experts to participate in legislation. However, there are still many problems in the participation of Chinese experts in legislative activities. The legal status of expert participation in legislation is not clear, the existing laws are only some general and scattered provisions, the relevant power system on expert participation in legislation should be refined in the legislative law, and only the participation of experts should be relied on. The expression of public interest appeal is not complete and profound. How to maintain the neutrality of the expert identity and express the public interest more accurately is also the key issue in the legislative practice. In addition, experts become the spokesman of departmental interests, fixed small group experts in the participation of the phenomenon of corruption in the legislative activities, the lack of supervision mechanism and incentive mechanism, and other problems have to be faced and solved. The purpose of this paper is to find solutions to specific problems by analyzing the present situation and problems of experts' participation in legislative activities, and to put forward countermeasures and ideas for further improvement of experts' participation in legislative activities.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D920.0
【參考文獻(xiàn)】
相關(guān)期刊論文 前1條
1 董力;;當(dāng)前我國“開門立法”中的問題及對策[J];企業(yè)家天地;2010年04期
相關(guān)博士學(xué)位論文 前1條
1 馬奔;協(xié)商民主問題研究[D];山東大學(xué);2007年
相關(guān)碩士學(xué)位論文 前2條
1 何曉明;論地方立法的民主化[D];浙江大學(xué);2004年
2 劉喬喬;論我國民主立法中的問題及完善[D];華東政法大學(xué);2012年
，本文編號：2302800
本文鏈接：http://sikaile.net/falvlunwen/falilunwen/2302800.html
