议会立法辩论的程序构造论析

Analysis on Process Structure of Legislative Debate in Parliaments

立法辩论是国外议会法案审议的基本模式,其程序构造包括辩论前的准备、辩论的正式进行和辩论后的表决三部分内容。立法辩论前的准备需要确定辩论日程、辩论文本、辩论规则和发言人名单,立法辩论的正式进行要经过提出动议、辩论动议和辩论终结三个阶段,立法辩论后的表决则涉及表决类型、方式和结果等内容。对议会立法辩论的程序构造进行系统考察是实现立法辩论制度中国化、程序化和规范化所必需关注的问题。

Legislative debate is a basic mode of bill deliberations in parliament of foreign countries, the process structure of which includes preparation before debate, formal debate and vote after debate. The first process needs to determine the debate agenda, text, rules and the list of speakers. The second process goes through three steps of giving motion, debating motion and debate termination. The third process involves types, methods and results of vote. The systematical investigation on the process structure of legislative debate in parliaments is a significant issue for the realization of legislative institution sinicization, proceduration and standardization.