摘要
The scope and depth of the media create a'symbolic pressure environment'that holds important influence. The media voice is usually interpreted wrongfully as a representation of public opinion. This kind of voice provides the legislative department enough incentive to start a legislative process that follows media's lead. From the perspective of lawmaking organs,such behavior is a response to public attitudes. The above voice and response pattern forms pressure predominant legislation based on media information. However,the information delivered by the medium is limited by time,passion and even extreme group prejudice,which is always short on calm and objective judgment. The law and regulations passed by such pressure guided processes cannot fulfill the requirement of observation and examination that comes from judicial practice. This also blurs the functional differences between the law and other social orders. The restructure of the legislative regime should focus on decision-making and the choice of a skill-model,in order to recreate the democratic and scientific standard of lawmaking.
大众传媒话语的覆盖范围、渗透深度塑造了极具影响的"符号压力环境",往往被误读为公众意见的一个显性信息指标,导致立法机关有足够的激励顺应媒体话语展开立法过程,力图以此证立对于民意的积极回应,形成基于信息的压力型立法。但是,媒体话语具有时效性、宣泄性、甚至是"群体极化"的面相,容易失却应有的冷静与客观。其压力之下生成的立法无法满足司法运作的可观察性、可检验性要求,也模糊了法律与其他社会秩序控制的职能界分。必须着眼于决策程序、技术模型选择等变量进行制度重构,重塑立法民主与立法科学。
