德國議會立法制度研究
發(fā)布時間：2019-06-04 12:00
【摘要】： 立法制度是指在一定的歷史條件下形成的國家立法所必須遵循的各種制度的總稱。作為一國政治制度與法律制度的重要組成部分,立法制度廣泛而深刻的影響并作用于一國的政治、經(jīng)濟(jì)、文化以及社會生活等各個方面。它確立并鞏固了執(zhí)政階級的政治統(tǒng)治地位,為經(jīng)濟(jì)基礎(chǔ)提供了必要的服務(wù),同時也確認(rèn)和保障了民主法制的建設(shè)。特別是近現(xiàn)代國家的立法制度,對于建立和發(fā)展民主政治、促進(jìn)社會的文明與進(jìn)步、維護(hù)社會的長期穩(wěn)定更是具有積極的作用。作為大陸法系代表國家之一的德國,無論從立法制度發(fā)展的廣度、深度還是從其完善的程度上來看都是其他國家所無法比擬的,德國議會兩院主導(dǎo)與輔助的立法模式更是值得我們研究和借鑒。通過對德國議會立法制度進(jìn)行全面而深入的研究,不但有助于我們進(jìn)一步了解當(dāng)代西方資本主義國家的議會立法制度而且對我國不斷加強(qiáng)人民代表大會制度的建設(shè)大有裨益,幫助我們逐步提高我國的民主立法進(jìn)程。本文以目前我國現(xiàn)有的對德國議會制度及其立法程序的研究為基礎(chǔ),廣泛的收集和消化相關(guān)研究的文獻(xiàn)資料,運(yùn)用比較分析的方法對德國議會立法制度的本質(zhì)內(nèi)容及其特征進(jìn)行了系統(tǒng)的闡述。 除了引言和結(jié)語外,本文主要分為五個部分：第一部分首先對德國的政治制度和作為議會立法機(jī)關(guān)的聯(lián)邦兩院進(jìn)行了論述和分析,使我們得以從大背景下對德國議會立法制度加以初步了解。第二部分對聯(lián)邦議院和聯(lián)邦參議院的立法權(quán)限進(jìn)行了詳細(xì)的介紹,立法權(quán)限的掌控是進(jìn)行立法活動的首要前提,沒有立法權(quán)也就無立法制度可言。第三部分著重分析了德國議會的立法程序,按照立法從提出到最終公布的順序分節(jié)闡明,并對其中集中體現(xiàn)德國議會立法民主化的立法聽證程序單獨提出加以論述。第四部分分三節(jié)詳細(xì)介紹了德國議會立法過程中所運(yùn)用的具體立法技術(shù)。第五部分也是本文的最后一個部分,主要論述了德國的政黨在議會立法過程中所發(fā)揮的重要作用,即對議會立法的控制和有效監(jiān)督。
[Abstract]:Legislative system refers to the general name of various systems that must be followed by national legislation formed under certain historical conditions. As an important part of a country's political system and legal system, the legislative system has a wide and profound impact on the political, economic, cultural and social life of a country. It has established and consolidated the political dominant position of the ruling class, provided the necessary service for the economic base, and confirmed and guaranteed the construction of democracy and legal system. Especially, the legislative system of modern countries plays a positive role in the establishment and development of democratic politics, the promotion of social civilization and progress, and the maintenance of long-term stability of society. Germany, as one of the representative countries of the civil law system, is incomparable to other countries in terms of the breadth, depth and perfection of the legislative system. The legislative model led and supplemented by the two houses of the German Parliament is worthy of our study and reference. Through a comprehensive and in-depth study of the legislative system of the German Parliament, it will not only help us to further understand the parliamentary legislative system of contemporary western capitalist countries, but also be of great benefit to our country in constantly strengthening the construction of the people's Congress system. To help us gradually improve the process of democratic legislation in our country. This paper is based on the existing research on the German parliamentary system and its legislative procedure in our country, and widely collects and digests the relevant literature and materials. This paper systematically expounds the essential content and characteristics of the legislative system of the German Parliament by means of comparative analysis. In addition to the introduction and conclusion, this paper is mainly divided into five parts: the first part discusses and analyzes the political system of Germany and the two houses of the Federation as the legislature of Parliament. So that we can get a preliminary understanding of the legislative system of the German Parliament from the general background. The second part introduces the legislative authority of the Bundestag and the Federal Senate in detail. The control of the legislative authority is the primary prerequisite for legislative activities, and there is no legislative system without legislative power. The third part focuses on the analysis of the legislative procedure of the German Parliament, according to the order from the introduction of the legislation to the final publication of the order to clarify, and the legislative hearing procedure, which focuses on the democratization of the legislation of the German Parliament, is discussed separately. The fourth part is divided into three sections to introduce the specific legislative technology used in the legislative process of the German Parliament in detail. The fifth part is also the last part of this paper, which mainly discusses the important role played by German political parties in the process of parliamentary legislation, that is, the control and effective supervision of parliamentary legislation.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D951.6
本文編號：2492706
[Abstract]:Legislative system refers to the general name of various systems that must be followed by national legislation formed under certain historical conditions. As an important part of a country's political system and legal system, the legislative system has a wide and profound impact on the political, economic, cultural and social life of a country. It has established and consolidated the political dominant position of the ruling class, provided the necessary service for the economic base, and confirmed and guaranteed the construction of democracy and legal system. Especially, the legislative system of modern countries plays a positive role in the establishment and development of democratic politics, the promotion of social civilization and progress, and the maintenance of long-term stability of society. Germany, as one of the representative countries of the civil law system, is incomparable to other countries in terms of the breadth, depth and perfection of the legislative system. The legislative model led and supplemented by the two houses of the German Parliament is worthy of our study and reference. Through a comprehensive and in-depth study of the legislative system of the German Parliament, it will not only help us to further understand the parliamentary legislative system of contemporary western capitalist countries, but also be of great benefit to our country in constantly strengthening the construction of the people's Congress system. To help us gradually improve the process of democratic legislation in our country. This paper is based on the existing research on the German parliamentary system and its legislative procedure in our country, and widely collects and digests the relevant literature and materials. This paper systematically expounds the essential content and characteristics of the legislative system of the German Parliament by means of comparative analysis. In addition to the introduction and conclusion, this paper is mainly divided into five parts: the first part discusses and analyzes the political system of Germany and the two houses of the Federation as the legislature of Parliament. So that we can get a preliminary understanding of the legislative system of the German Parliament from the general background. The second part introduces the legislative authority of the Bundestag and the Federal Senate in detail. The control of the legislative authority is the primary prerequisite for legislative activities, and there is no legislative system without legislative power. The third part focuses on the analysis of the legislative procedure of the German Parliament, according to the order from the introduction of the legislation to the final publication of the order to clarify, and the legislative hearing procedure, which focuses on the democratization of the legislation of the German Parliament, is discussed separately. The fourth part is divided into three sections to introduce the specific legislative technology used in the legislative process of the German Parliament in detail. The fifth part is also the last part of this paper, which mainly discusses the important role played by German political parties in the process of parliamentary legislation, that is, the control and effective supervision of parliamentary legislation.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D951.6
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 孫兆紅;中央政府與地方政府農(nóng)村社會養(yǎng)老保險政府責(zé)任劃分的研究[D];南京財經(jīng)大學(xué);2012年
，本文編號：2492706
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