立法协商的理论选择与概念厘清

The Theoretical Basis Choice and Concept Clarification of Legislation Deliberation

自2013年党的十八届三中全会的《中共中央关于全面深化改革若干重大问题的决定》和2014年党的十八届四中全会《中共中央关于全面推进依法治国若干重大问题的决定》提出了“立法协商”后,立法协商走入人们的视野。我国各地遂积极地进行立法协商实践,但由于缺乏立法协商的顶层设计,各地的实践仍然存在各种问题。立法协商的顶层设计依赖立法协商理论基础的确定以及立法协商概念的明确。立法协商的理论基础应由公共选择理论和协商民主理论构成。只有立足于此两个理论基础,才能更好地厘清立法协商与公众参与、政治协商、协商政治、行政协商几个关联概念之间的关系。

Since the phrase "legislation deliberation" appeared in Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Deepening Reforms of the Third Plenary Session of the Eighteenth CPC Central Committee in 2013 and Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law of the Fourth Plenary Session of the Eighteenth CPC Central Committee in 2014, scholars have come to focus on it. The practices of legislation deliberation in many provinces and municipalities have been developing vigorously since 2013. While taking action in legislation deliberation, many places such as Beijing, Jinan, Changchun, Fujian, Hebei have made regulations with local characteristics. Though actions are taken by many provinces and municipalities, lacking the overall implementation guide, the practices of provinces and municipalities still have many deficiencies. The overall implementation guide legislation deliberation depends on the establishment of the theoretical basis and the clarification of concept. The theoretical basis of legislation deliberation embraces both Public Choice Theory and Deliberative Democracy Theory. Basing on these two theories, we can make a clear understanding of public participation, political consultation, deliberative politics, and administrative deliberation from legislation deliberation.