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在日前召开的《深圳经济特区无线电管理条例(草案)》立法听证会上,首次引入了辩论机制。这开了全国之先河,是有助于立法走向科学民主的创新之举。俗话说,真理越辩越明。立法也是一个发现“真理”的过程。因此,立法过程中的辩论不可或缺,惟有如此,才能准确反映和表述客观需要。在私权愈加发达、权利冲突有所加剧的今天,立法过程越来越多地表现为利益博弈的过程。开门立法也好,引入辩论机制也好,就是为了让利益博弈更加公平和充分,找到一个兼顾各方利益的平衡点,从而产生公正的良法。当然,法治的精髓还在于强调对公权力行使的约束和民主制度的坚实保障。在公开听证的基础上引入辩论机制,通过公开报名和保证有不同意见的人参与,还公众以应有的立法话语权,本身就是一种民主政治的实践。让公众参与到立法中来,让立法权的行使处于社会监督之下,有利于实现对公权力的制约,有效解决立法过
The debating mechanism was introduced for the first time at a legislative hearing on the “Radio Regulations (Draft) of Shenzhen Special Economic Zone” held recently. This is the forerunner of the entire country and an innovative move that helps legislate toward scientific democracy. As the saying goes, the truth is clearer and clearer. Legislation is also a process of discovering “truth.” Therefore, the debate in the legislative process is indispensable. Only in this way can the objective needs be accurately reflected and expressed. At a time when private rights are more developed and conflicts of rights are aggravated, the legislative process is increasingly manifested as a process of profit-making. Open the door Ye Hao legislation, the introduction of the debate mechanism Ye Hao, is to make the game of interest more fair and adequate, to find a balance between the interests of all parties, resulting in fair and good law. Of course, the essence of the rule of law lies in emphasizing the constraints on the exercise of public power and the solid guarantee of democracy. The introduction of debates on the basis of public hearings, the public participation and the guarantee of people with different opinions, and the public’s right to have the right to speak through legislation are themselves a practice of democratic politics. Letting the public participate in the legislation and allowing the exercise of the legislative power under the supervision of the public will be conducive to the realization of the restriction of public power and the effective resolution of the legislation