全國(guó)人大常委會(huì)立法公開問題研究
發(fā)布時(shí)間：2019-01-13 09:34
【摘要】：立法公開,作為落實(shí)民主立法的客觀需要,是立法領(lǐng)域繞不開的課題,也是備受討論的話題。2015年《立法法》進(jìn)行修訂,在公開方面增加并修改多項(xiàng)內(nèi)容。在這一背景下,開展相關(guān)的研究和分析,有著特別重要的意義。隨著全國(guó)人大常委會(huì)立法作用的逐漸加強(qiáng),探討其公開問題成為一種必然趨勢(shì)。因此,本文從法律規(guī)定及現(xiàn)狀、存在的問題、完善建議三個(gè)角度對(duì)全國(guó)人大常委會(huì)立法公開問題進(jìn)行分析和論述,同時(shí)介紹和借鑒國(guó)外在立法公開領(lǐng)域的經(jīng)驗(yàn),以便能為其完善提供幫助。本文由五部分組成,具體內(nèi)容概述如下:第一部分是選題背景、選題意義和國(guó)內(nèi)外研究現(xiàn)狀的介紹。從選題背景來說,一方面實(shí)現(xiàn)全國(guó)人大常委會(huì)立法公開是落實(shí)立法公開的重要內(nèi)容,另一方面,全國(guó)人大常委會(huì)立法公開在理論研究和實(shí)踐操作方面都有需要進(jìn)一步完善之處,因此,進(jìn)行該研究是十分有必要的。在選題意義上,進(jìn)行全國(guó)人大常委會(huì)立法公開問題的探討,有著理論和現(xiàn)實(shí)的雙重作用。在國(guó)內(nèi)外研究現(xiàn)狀上,對(duì)該領(lǐng)域具有代表性的觀點(diǎn)和做法進(jìn)行了梳理。第二部分是對(duì)全國(guó)人大常委會(huì)立法公開現(xiàn)實(shí)狀況的梳理。首先,從法律規(guī)定層面對(duì)全國(guó)人大常委會(huì)立法公開問題的目前情況進(jìn)行了梳理。目前,涉及全國(guó)人大常委會(huì)立法公開問題的法規(guī)是《立法法》,尚沒有其他相關(guān)規(guī)定。其次,從立法實(shí)踐層面對(duì)全國(guó)人大常委會(huì)立法公開問題進(jìn)行了闡述,主要包括立法公開的方式、公開范圍問題,并通過實(shí)證分析的方法進(jìn)行了論證。第三部分是關(guān)于全國(guó)人大常委會(huì)立法公開存在問題的分析。具體來看,主要從以下幾個(gè)角度展開論述:法律依據(jù)方面、公開范圍方面、公開方式方面、意見反饋方面。在法律依據(jù)上,雖然《立法法》對(duì)全國(guó)人大常委會(huì)立法公開進(jìn)行了規(guī)范,但是沒有其他相應(yīng)規(guī)范,缺少完善的配套制度,說明其在立法層面并未引起足夠重視。在公開范圍上,集中表現(xiàn)為公開范圍較窄和公開深度不夠。在公開方式上,主要體現(xiàn)為單向性和單一性,不能達(dá)到良好的公開效果。在意見反饋上,往往只關(guān)注前期的信息收集,而忽略了后期的反饋環(huán)節(jié),缺少相應(yīng)的溝通機(jī)制。第四部分是對(duì)國(guó)外立法公開制度的闡述以及啟示。本部分是從全國(guó)人大常委會(huì)立法公開制度存在問題的四個(gè)方面——法律依據(jù)、公開范圍、公開方式、意見反饋——進(jìn)行梳理和總結(jié)的,以期有助于全國(guó)人大常委會(huì)立法公開的改進(jìn)。其中,涉及了美、英、法、德、日等國(guó)家的具體實(shí)踐做法。第五部分是對(duì)完善全國(guó)人大常委會(huì)立法公開提出的建議。首先,論述了完善全國(guó)人大常委會(huì)立法公開的原因。其次,基于全國(guó)人大常委會(huì)立法公開的現(xiàn)實(shí)情況,并借鑒國(guó)外立法公開的有益經(jīng)驗(yàn),為完善該制度提出具體建議。完善該制度過程中,必須把握好三個(gè)基本問題:注重本土實(shí)際、形成制度化保障、進(jìn)行多元化建構(gòu)。在具體建議方面,基礎(chǔ)在于培養(yǎng)立法公開的觀念,然后從完善立法、擴(kuò)大公開范圍、豐富公開方式、建立反饋機(jī)制四個(gè)方面分別提出設(shè)想和對(duì)策。這四個(gè)方面也是全國(guó)人大常委會(huì)立法公開的不足之處。
[Abstract]:As an objective requirement for the implementation of democratic legislation, it is a subject that is not open in the field of legislation. It is also a subject of discussion. In 2015, the Law of the People's Republic of China is revised to increase and modify the contents in public. In this context, it is of particular importance to carry out relevant research and analysis. With the gradual strengthening of the legislative function of the Standing Committee of the National People's Congress, it is an inevitable trend to probe into the public problems. Therefore, this paper analyzes and discusses the legislative opening of the Standing Committee of the National People's Congress from three aspects, such as the legal provisions and the present situation, the existing problems and the perfection of the suggestions, and also introduces and reference the experience of foreign countries in the field of legislative disclosure, so as to help them to perfect. This paper is composed of five parts, which are summarized as follows: the first part is the background of the topic, the meaning of the topic and the introduction of the present research situation at home and abroad. On the one hand, the legislative opening of the Standing Committee of the National People's Congress, on the one hand, is an important part of the implementation of the legislation. On the other hand, the legislative opening of the Standing Committee of the National People's Congress has a need for further improvement in both theoretical and practical operation. It is necessary to carry out the study. On the basis of the selection of the topic, the discussion of the issue of the legislative opening of the Standing Committee of the National People's Congress has the dual function of theory and reality. At home and abroad, a representative point of view and practice in this field is analyzed. The second part is to comb the reality of the legislative opening of the Standing Committee of the National People's Congress. First, the present situation of the legislative opening of the Standing Committee of the Standing Committee of the National People's Congress has been sorted out from the point of law. At present, the laws of the Standing Committee of the National People's Congress (NPC) on the issue of legislative disclosure are the Code of the Law of the People's Republic of China, and there are no other relevant provisions. Secondly, the paper expounds the legislative opening of the Standing Committee of the National People's Congress from the aspect of the legislative practice, mainly including the way of the public legislation, the scope of the disclosure, and the demonstration of the method of the empirical analysis. The third part is the analysis of the existing problems in the legislation of the Standing Committee of the National People's Congress. in particular, it is mainly discus from that aspect of the legal basis, the scope of the disclosure, the way in which it is open, and the feedback aspect. On the legal basis, although the law of the Standing Committee of the National People's Congress has been regulated by the Law of the National People's Congress (NPC), there are no other relevant norms, and there is a lack of perfect supporting system, which means that it does not give enough attention to the legislative level. in that disclose scope, the concentration is shown to be narrow and the disclosure depth is not sufficient. In the open mode, it is mainly embodied as one-way and one-sided, and it is not possible to achieve a good public effect. In the feedback, only the information collection in the early stage is concerned, and the feedback link in the later stage is ignored, and the corresponding communication mechanism is missing. The fourth part is the elaboration of the foreign legislation public system and the enlightenment. This part is the four aspects of the existence of the legislative opening system of the Standing Committee of the National People's Congress. The legal basis, the open scope, the public manner and the feedback _ are summed up and summarized, with a view to helping to improve the legislative opening of the Standing Committee of the National People's Congress. It involves the concrete practice of the countries such as the United States, Britain, France, Germany and Japan. The fifth part is to improve the legislative opening of the Standing Committee of the National People's Congress. First, this paper discusses the reasons for improving the legislative opening of the Standing Committee of the National People's Congress. Secondly, based on the reality of the legislative opening of the Standing Committee of the National People's Congress (NPC), and drawing on the beneficial experience of the foreign legislation, it puts forward concrete suggestions to improve the system. In order to perfect the system, it is necessary to grasp three basic problems: to focus on the local practice, to form the institutional guarantee, and to carry out the diversified construction. On the basis of the concrete proposal, the author puts forward the ideas and countermeasures from the aspects of perfecting the legislation, expanding the open scope, enriching the public way, and establishing the feedback mechanism. The four aspects are also the shortcomings of the legislative opening of the Standing Committee of the National People's Congress.
【學(xué)位授予單位】：中央民族大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：D920.0
本文編號(hào)：2408317
[Abstract]:As an objective requirement for the implementation of democratic legislation, it is a subject that is not open in the field of legislation. It is also a subject of discussion. In 2015, the Law of the People's Republic of China is revised to increase and modify the contents in public. In this context, it is of particular importance to carry out relevant research and analysis. With the gradual strengthening of the legislative function of the Standing Committee of the National People's Congress, it is an inevitable trend to probe into the public problems. Therefore, this paper analyzes and discusses the legislative opening of the Standing Committee of the National People's Congress from three aspects, such as the legal provisions and the present situation, the existing problems and the perfection of the suggestions, and also introduces and reference the experience of foreign countries in the field of legislative disclosure, so as to help them to perfect. This paper is composed of five parts, which are summarized as follows: the first part is the background of the topic, the meaning of the topic and the introduction of the present research situation at home and abroad. On the one hand, the legislative opening of the Standing Committee of the National People's Congress, on the one hand, is an important part of the implementation of the legislation. On the other hand, the legislative opening of the Standing Committee of the National People's Congress has a need for further improvement in both theoretical and practical operation. It is necessary to carry out the study. On the basis of the selection of the topic, the discussion of the issue of the legislative opening of the Standing Committee of the National People's Congress has the dual function of theory and reality. At home and abroad, a representative point of view and practice in this field is analyzed. The second part is to comb the reality of the legislative opening of the Standing Committee of the National People's Congress. First, the present situation of the legislative opening of the Standing Committee of the Standing Committee of the National People's Congress has been sorted out from the point of law. At present, the laws of the Standing Committee of the National People's Congress (NPC) on the issue of legislative disclosure are the Code of the Law of the People's Republic of China, and there are no other relevant provisions. Secondly, the paper expounds the legislative opening of the Standing Committee of the National People's Congress from the aspect of the legislative practice, mainly including the way of the public legislation, the scope of the disclosure, and the demonstration of the method of the empirical analysis. The third part is the analysis of the existing problems in the legislation of the Standing Committee of the National People's Congress. in particular, it is mainly discus from that aspect of the legal basis, the scope of the disclosure, the way in which it is open, and the feedback aspect. On the legal basis, although the law of the Standing Committee of the National People's Congress has been regulated by the Law of the National People's Congress (NPC), there are no other relevant norms, and there is a lack of perfect supporting system, which means that it does not give enough attention to the legislative level. in that disclose scope, the concentration is shown to be narrow and the disclosure depth is not sufficient. In the open mode, it is mainly embodied as one-way and one-sided, and it is not possible to achieve a good public effect. In the feedback, only the information collection in the early stage is concerned, and the feedback link in the later stage is ignored, and the corresponding communication mechanism is missing. The fourth part is the elaboration of the foreign legislation public system and the enlightenment. This part is the four aspects of the existence of the legislative opening system of the Standing Committee of the National People's Congress. The legal basis, the open scope, the public manner and the feedback _ are summed up and summarized, with a view to helping to improve the legislative opening of the Standing Committee of the National People's Congress. It involves the concrete practice of the countries such as the United States, Britain, France, Germany and Japan. The fifth part is to improve the legislative opening of the Standing Committee of the National People's Congress. First, this paper discusses the reasons for improving the legislative opening of the Standing Committee of the National People's Congress. Secondly, based on the reality of the legislative opening of the Standing Committee of the National People's Congress (NPC), and drawing on the beneficial experience of the foreign legislation, it puts forward concrete suggestions to improve the system. In order to perfect the system, it is necessary to grasp three basic problems: to focus on the local practice, to form the institutional guarantee, and to carry out the diversified construction. On the basis of the concrete proposal, the author puts forward the ideas and countermeasures from the aspects of perfecting the legislation, expanding the open scope, enriching the public way, and establishing the feedback mechanism. The four aspects are also the shortcomings of the legislative opening of the Standing Committee of the National People's Congress.
【學(xué)位授予單位】：中央民族大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：D920.0
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，本文編號(hào)：2408317
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