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回归以来,香港立法会开展了日益规范化的代议民主运作,但也伴生了现代民主的恶意“拉布”现象,出现了程序异化和偏离理性审议的倾向,且与议会之外的社会运动和违法抗命呈现恶性互动之势,对立法会的民主审议功能与特区政府的管治绩效造成严重负面影响。立法会的恶意“拉布”既有着现代民主一般发展的阶段性特征,亦有着香港代议民主发展起步较晚、《基本法》体制设计突出“行政主导”以及殖民史观凌驾回归史观等复杂的本土实践性特征。立法会“拉布”在特区管治矛盾和特首普选议题下被进一步激化,成为香港如何改善管治的重要课题。
Since the handover, the Legislative Council of Hong Kong has carried out increasingly standardized operation of representative democracy but has also brought about the vicious “Rabe” phenomenon of modern democracy. This has led to the tendency of procedural alienation and departure from rational consideration, The movement and the illegal anti-revolt show vicious interactions. The function of democratic deliberation of the Legislative Council and the performance of the SAR government are seriously negatively affected. The Malpractice Law of the Legislative Council has not only the phased characteristics of the general development of modern democracy, but also the late start of the representative democracy in Hong Kong, the prominent structural design of the “Basic Law”, the “administration-led” and the return to colonialism History and other complex features of local practice. The Legislative Council “Rab” has been further intensified under the theme of the SAR government governing conflicts and the universal suffrage of the Chief Executive. It has become an important issue for Hong Kong to improve its governance.