The Legislative Coordination Mechanism of the diverse interests of the society in transition
|Course||Constitutional and Administrative Law|
|Keywords||Social transformation Multiple interests Coordination of interests Interest Measurement Legislation and justice Constitutional democracy|
Multiple interests is an important driving force for the generation and development of constitutionalism. Game of conflict, competition and compromise between the multiple interests to achieve a market economy environment in general tends to balance the interests of the pattern, and so many other areas of the society's political, economic and cultural reach a dynamic state of harmony. There are a variety of interests coordination mechanism, the legislative coordination mechanism for the major and most effective interests coordination mechanism. Essentially, the legislative process is the legislative body for coordination between the multiple conflicts of interest. It can be that the interests of the legislative body is the core motivation and objectives of the implementation of any legislative act. In other words, any legislative process is a kind of order to achieve the proposition exists to determine when an interest, in order to achieve a comprehensive expression of the interests and needs of the social subjects. However, under the conditions of market economy, any social resources have a natural scarcity of interests is no exception. This leads to a measure of the trade-offs many differences, conflicting interests, the law in most cases can only select one of interest. The face of the conflict of interest of the interests of modern legislation coordination function will become increasingly important. China today is at a critical period of social transition, from the unity of society has become increasingly evident to the diversity of the social changes, the interests of society stratified become the basic framework of the pattern of a wide range of interests, diverse interest groups already formed, will have to legislative recognition to pursue their own interests by certain interest expression mechanism. Therefore, the legislature has become a natural \Modern legislative body in the interests of the selection process has been unable and can not follow a first in the sequence of interest, only through the legitimate interests of the measurement process so as to achieve some kind of dynamic balance of interests. It also determines the balance of interests of modern legislation only specific dynamic. Therefore, the interests of the measure to become a core device to achieve a balance of interests in the modern legislative process, so we can think that the modern legislative process can only be a complex camera and flexible benefits coordination and balance mechanism. Combined with the actual situation in China, the People's Congress as the legislature of the country, above all the contradictions and problems inevitably face in the legislative process, especially in the transition of Chinese society, the interests of a wide range of social pattern of increasingly highlights, new interest groups for their own interests whether the legislative body authorized to give a higher concern Therefore, in the context of the times of the diverse interests of the highlights of the legislative body in the legislative process, how to reconcile the conflict between the diverse interests and authoritative choose to become the focus of attention. This paper interests of the diverse background of social transformation, the use of the Sociology of Law, the Constitution sociology and constitutional economics theory, combined with the interests of the measure based on the theory, the focus from the empirical analysis, value analysis, and specification analysis on three dimensions deep-seated resolve the legislative coordination mechanism of multiple interests of social transition, so as to avoid as much as possible unfavorable factors exist in the legislative process, legislation to play its rightful role in the coordination of interests, in order to effectively coordinate the interests and alleviate social contradictions , in order to achieve the grand blueprint of a harmonious society in the context of a market economy, to build an interest in social equilibrium pattern of interests. This is not just fundamental symbol of the harmonious society, but also the only way of constitutional construction.