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哈贝马斯将立法商谈分为公共领域的商谈和议会商谈,前者是一种大众化的商谈形式,而后者则是专业化与精英化的商谈。在我国的立法过程中,公共领域商谈和议会商谈循环往复,形成合法之法。本文认为要构建我国的立法商谈体系,必须以先进的立法理念为前提,提高参与主体的商谈能力,并以商谈场域的形成为基本保障。
Habermas divided legislative negotiations into public domain talks and parliamentary talks, the former being a popular form of negotiation and the latter being specialized and elitist negotiations. In the process of our country’s legislation, public domain talks and parliamentary discussions cycle and reciprocate to form a legal law. This paper argues that in order to construct the legislative negotiation system in our country, we must take the advanced legislative concepts as the premise, improve the ability of the participants to negotiate, and take the formation of the negotiation field as the basic guarantee.