打通立法与民意之间最后一公里--关于破解地方立法公众有序参与困局的实证研究

Get through the Last Kilometer between Legislation and Public Opinion——An Empirical Research to Resolve the Predicament of Public Participation Orderly in Local Legislation

为发现与剖析目前影响立法质量的深层次、规律性问题,破解公众有序参与地方立法困局,本文通过专业规范的社会调查方法,对山东省地方立法公众参与状况进行深入的实证研究。研究指出,目前地方立法正面临"有法"到"良法"的历史性转折,而民意缺位是影响民主立法乃至立法质量最严峻的问题;公众参与立法意愿强烈,而地方立法机关在推进公众有序参与立法方面的若干努力,形式大于内容,事倍功半,成效难现。本文对上述问题作了深入的分析,并在此基础上,围绕公众是谁、参与什么、何谓有序等,对实现公众有序参与地方立法的有效路径进行深入探讨。

To find out and analyze the deep and regular factors that influence the quality of legislation and resolve the predicament of public participation orderly in local legislation, this article researches on the current situation of public participation in local legislation in Shandong Province, through professional investigation methods. The study shows that local legislation is now facing historical transitions from ＂law＂ to ＂good law＂ ,but the absence of public opinion is the most serious factor affecting the democratic legislation and even the quality of whole legislation, while the public have a strong willingness to participate in legislation. However, many efforts that local legislatures have done to promote the public participation orderly in legislation have not yet gained significant effects. A thorough analysis was made in this article, based on which the effective path of realizing public participation orderly in local legislation was discussed in-depth, circumfusing the concept of the public, the content of public participation and what is orderly.