英美议会制度比较.doc

American and British parliamentary system comparative analysis（经管07级工商4班 于少东 20070506）Abstract: Political institutions (set) belong to Political superstructure areas, generally refers to its socialQualitative adaptation of the national authorities and basic system. Political system and human society as the various systems,Is a product of historical development, with time and space mark. 1300 years ago, British bourgeois revolutionLater, the capitalist countries gradually establish and practice of the democratic politics and promulgated the constitution and constitutionalism, make gradually implementingCapitalism in the fields are developed.Both Britain and the political system has the same theoretical basis: natural rights theory and separationPrinciple; The specific content of political system includes parliamentary system, the electoral system, judicial system, the government system,Civil service system and political party system; etc. All flaunt peoples democracy, with the main forms of the representative for democracy,Power system running in the separation of powers and the characteristics of rule by law principle. The most fundamental capitalist countries asHome political system of two typical representative, Britain and the United Kingdom in the maintenance of bourgeois interests, safeguard endowment socialist private ownershipDegrees, carry out the bourgeois dictatorship has the same essence. But in concrete political system level and the two countriesSince the present different characteristics.Key Words: parliamentary system, culture; difference英美议会制度之比较摘要：政治制度（Political Regime）属于上层建筑范畴，一般是指与本国的社会性质相适应的国家权利机构和基本制度。政治制度与人类社会的各种制度一样，是历史发展的产物，带有时间与空间的烙印。1300多年前，英国资产阶级革命后，资本主义国家逐步建立和实践了民主政治，颁布了宪法并逐步实行宪政，使资本主义在各个领域都得到了长足的发展。英美两国政治制度具有相同的理论基础：天赋人权学说和三权分立原则；政治制度的具体内容都包括议会制度、选举制度、司法制度、政府制度、公务员制度和政党制度等；都标榜人民民主，以代议制为民主的主要形式；政权体制都实行分权制衡和法治原则的特点。而最根本的是作为资本主义国家政治制度的两个典型代表，英美两国在维护资产阶级利益、维护资主义私有制度、实行资产阶级专政等方面具有相同的本质。但在具体政治制度层面两国又各自呈现不同的特点. 关键词：议会制度 文化 差异 British parliamentary systemA, introductionThe British parliament is known as parliaments mother. In Britain takes the lead in creating capitalist mode of production, and meanwhile takes the lead in creating a with the appropriateShould the constitutional system, which is the parliament for substantial part of the parliamentary system. The British parliament as the mother of parliament, reason has the following the items.The longest history. 1.If the model in 1295 convened for the beginning, then parliament, the British continuous parliamentary practice has so far more than seven hundred years. Only BritainParliament is concerned, the history of the long world no country parliament can watch with admiration.The British parliament historys preciousness is not only lies in its time long, but because it has experienced the contradiction of deep and complex, lies in its placeAccumulate experiences and lessons of the rich, lies in the parliamentary practice contains seven hundred years of enlightenment.2. Overthrow feudal monarchy struggle extremely fully and successAs with most countries, Britain had long feudal society period and accompanied by the feudal monarchy. However apart is,Also in the feudal monarchy, the British council will tenaciously speared out, and has been indomitable to bind kingship, until the kingship resolutely placedParliament bargainees under.British Kings feudal autocratic many tendency, have a plenty of dye-in-the-wood despot, and the parliament power bitterest. Therefore, the British parliamentIn the world know only have kingship and disown parliamentary authority era of kingship, without constraint again in various ways and sceptre struggle. Lawmakers to king pleaseMay, right themselves; Borrow the kings tax advice, attacking demands and discusses the princes and evil king sin. When peace parliamentary struggle can stop the kings autocratic throughWhen parliament with a command army, wang jun JueSi war. Parliament was even to abolish the monarchy and republicanism. After about five hundred years of innumerable backClose battle, parliament finally overcome the monarchy and aerial kingship, will be transformed into independent monarchy without ability of conduct national symbol, and make them work for parliamentary supremacySystem service.The British parliament for other countries overcome monarchy of similar revolution offers rich experience, one of the most valued is: use parliament financialRight with war beat fretting kingship, king, with overhead operation transformation kingship.3. Create new electoral systemBritain from feudal society period already formed a senate election systems, and have been used to the 19th century prophase. The feudal monarchy of parliamentThe electoral system facilitates the king called parliament, which is beneficial to the rulers and plute rig elections.Parliamentary-based, congress needs to build their own social basis. From 1832 onwards, the British parliament continuous exploration, establish new Congressman electoral.To voters property, gender requirements gradually abolished, age requirement reduced to the administrative divisions, narrow basis and determine the constituency between population. ConstituencyDifferences. Results, eighteen years of voters team up. On the other hand, to the senator candidates property, gender, age. Qualification corresponding abandonedLess requirements. Thus, civilian court to ambitious civilians opened the door. Party becomes campaign organizers, it set platform, nominate candidates,Raising campaign funds, stirring voters. Election into voters around the partys policies and candidates, and make the authorized choice. Country of voters, candidatePeople, political party in the election behavior, and to make a standard election disputes render an arbitration. One constituency election a Congressman, attains the simple majority candidateWho was elected. The British parliament before other most countries parliament groping built above new electoral system, one of the many points for one anotherA national assembly quoted.4. Create melt certainty equivalent maximization model revealParliament from a monarch hand taken after the exercise of sovereignty, how sovereignty? Britain and other a few countries facing the constitutional earlier issueThe challenge, and initially made answer, namely create British melt certainty equivalent maximization model reveal.The main characteristics of British melt certainty equivalent maximization model reveal displays in: government members by the parliament civilian court majority front seat senator and companions front seat concurrently; 651 zhengMansion to civilians courtyard bear the collective responsibility and minister personal responsibility; The government arrangement the legislation of parliament. Molten certainty equivalent maximization model reveal originally in the British parliament for overhead kingAdministrative power, and by the parliament adopted by the executive power control, thus consolidate parliamentary supremacy system. Unexpected is, with modern British government dutyInflation, exercising administrative power of the government, the legislative council gradually manipulation of the parliamentary vote to languish.Practice showed that British melt with certainty equivalent maximization model reveal earlier it created the United States truly, convenient decentralized compared the government policy into legal and then pushDo, yet it excessive weakened state parliament in the role of decision-making procedures in parliaments image, position adverse very much. In this connection, decentralizationSystem under the U.S. congress to safeguard its addressing intrepid legislative power and financial power; Many cited British parliamentary melt certainty equivalent maximization model reveal increasingly remind ourselves not to fall intoThe mother of parliament position, they are entitled to useless tit-for-tat proposes must strengthen parliament in state of the decisions control function.5. Founded majority with opposition modeThe British parliament first frank recognition in parliamentary parties within the existence, and press the delegate count how many irrelevance seats to assign its constitutional function. getCivilian court majority seats party to exercise administrative power, namely form, but also obtain organization civilian court of the legislation and the other privileges.Obtain civilian court times most seats party led to become namely magnificence opposition, obtained with majority consultation arrangements civilian court agenda, and have the privilege ofRight representing all opposition divides the motion, the government should declare etc, also has the power separate arrangement civilian court part time BianTi, and leadership institute of several civiliansKey AD hoc committee. Seats less than other led the opposition parties of the opposition also enjoy certain rights. Overall look, majority leader administrative and legislationMethod, the opposition is responsible for supervision and administration. By using the majority - opposition relation mode, the British parliament MPS to use the pursuit of fame,Make them according to their parties undertake corresponding relationship between constitution responsibilities, broke the former political party system period government - parliament against relationship, change and the formation of the majorityThe party and the government - the opposition against relations, political situation and constitutionalism role crossed. Quote British melt certainty equivalent maximization model reveal national parliaments most also primersWith the British pioneering majority - the opposition system.6. Modern parliaments responsibilityThe feudal monarchy, the British council is the responsibility of the petition right themselves, decide to court: finance, legislation, supervision palace, trial respondents who were entitled to.Parliament boarded the supreme status, the modern welfare state formation, melting certainty equivalent maximization model reveal role, all of these contribute to the British parliament reassessed his responsibilities.Modern, the British council will the following as own duty: legislation, decide the state finance, nominate government, supervision and government work, trial publicComplaints, debate for voters handle affairs, state and trial of respondents who were entitled to. Practice show that, except for the highest appeals court outside, the mother of parliament liableResponsibility for all activities comply with modern society in parliament expected. Therefore, many countries parliament will also the foregoing led to his responsibilities.7. Established rulesMembers of parliament, fulfill its many many responsibilities, must have the aid of particular way and rules. The British parliament from which the century begins founded deliberation practices,To gradually expressly formulate rules, and take the lead has formed a complete set of deliberation and physical.Civilian court with its permanent rules as main body, deliberation and practices, the speaker cutting, such as the deliberation and code of auxiliary system rules, within the grandLet only deep. It classify ground deliberation stipulated each unit of composition, duty, complete legislative procedures, and questioned the way, debate way, deliberationThe timing, meeting the function of a chairman, etc.The British parliament deliberation bills structure increasingly unsuited to modern legislative procedures of democracy and science request, be many countries parliament abandoned. howeverBut, the British parliament was initiated by the debate system, inquiring system, conference system but get many national council of identity.8. Founded parliament privilegeThe British parliament with a monarchs struggle, in order to protect yourself from the threat, undisturbed meeting, take the lead in the creation of parliament privilege. nowGeneration, parliament privilege to prevent the outside parliament strength interference, destroy parliament, still indispensable. Because of this, many countries parliament emulatedThe British council, set the respective privilege.9. Explore parliament full-time glycosylatedMedieval England council also just part-time type. In order to maintain the parliaments supreme status, effectively fulfill parliament of modern duties, the British parliamentFirst on full-time change path. The British parliament full-time of construction involves such important content. First, obtain special office space and facilities, andDecides its development. Second, senator salary, and obtain the office expenses, equipped with assistant. Third, setting a complete range of assistant and service agencies.Fourth, equipped with the necessary auxiliary institutions. Fifth, execute conference system. The British parliament in full-time of exploration, of office space, the time of the meeting, etcImportance very early has known, its measures also proved to be worth emulated. But senator salary, equipped with assistant for parliament equipped with the necessary auxiliary machineCompose on issues such as, the British council trudged without meaning, eventually had to quote the experience of other countries parliament.Anyhow, the British parliament as the mother of parliament, and not in the sense that it provides us all successful experience, but said it took the lead in exploring the representativeRoad. It in exploring time earlier than the inter-parliamentary, content is very deep, its experience or teach and therefore have to finalize the design strength, available to us or borrowJian, or of the incident.Modern countries, most executes similar British melt certainty equivalent maximization model reveal. So, thoroughly understand the British parliament, we know of these countries parliament and itsThe whole constitution system, is much easier. A few countries implement, and several decentralized state practices between certainty equivalent maximization model reveal and decentralized fusion between prospective pointsCertainty equivalent maximization model reveal. Understand the British council, will greatly help us to understand these two kinds of state council, and even the whole constitution system, for they are bothConsciously quoted British parliamentary-based long, remedy its short, and design of their respective constitution system and parliament.American parliamentary systemFederal regulators - congressAmericas top legislature. Composed by the senate and the house of representatives. Congress exercise legislative power. Bill general after putting forward, committeeThe deliberation, 54%personnel congress to consider programs. A court is passed, to the other house, which in turn after the same program. Bill byAfter the President signed by the house and senate, If the President doesnt veto, or if the veto but the senate 2/3 members, namely formal into through againFor the law. Congress also has other powers prescribed by the constitution. As declared power, the right to amend the constitution etc. Houses are equipped with xuMany committee, and set up by senate lawmakers composed of joint committee, congress work mostly in each committee.Commission is divided into:(1) the SCMM each session of congress, the number is endless and same, term and each session of parliament with tenure as two years. The influence are:The house rules, tax, grant, military, judicial and foreign affairs committee, the senate diplomatic, funding, finance,Judicial and military affairs committee.(2) special investigation committee, for the treatment of temporary or set up special problems.(3) joint committee, need to make decisions about the common house and senate is formed.4 the mediation committee, its task is to draw up a bipartisan bill acceptable for. Congress also sets up the total audit room, library of congressSuch as the agencies.The senateThe President with foreign states treaties and appointed by the President of the senior officials must be approved by the senate, the senate entitled impeachment trial,Entitled to under special conditions check vice President. Senator directly elected by the states voters, each state 2, implement state representationThe principle of equality. Existing members 100. Was elected senator must be at least 30 years old, as the U.S. citizens is full already 9 years, was electedFor selected residents of th