The Facts Of The Localization Of Public Hearings In The Process Of Local Legislation

After public hearing was introduced to China, did itkeep the original meaning of the public hearing that camefrom the principle of nature and justice and on purpose toguarantee the justly enforcement of power? If there has beensome aberrance, what it looks like today? What will it be inthe future? The dissertation studied five public hearings held byMunicipal People's congress and Municipal government ofShanghai. It is so interesting that five public hearings wereheld during the time that no more than one year, however, nopublic hearing any more since then. So the dissertationstudied legislative items that five public hearings dealt with.Whether or not to hold a public hearing was decided by thelegislatures. And then, the dissertation studied the effect ofpublic hearing by two means. One is the realization of thetwo functions, participation and expressing and gettinginformation. The realization of the function of participationand expressing is studied by the perspective of notice,picking up participators and chances for participators. Therealization of the function of getting information is studiedby the composing of participators. The other is the influencefrom public hearing to the legislative decisions. From theaspect of procedure, how those comments are dealt withfinally? From the aspect of outcome, how many and to whatdegree those comments are adopted. The characteristics of five public hearings are, randomresults from lack of rules, dominated by legislature, thefunction of getting information excelled the function ofparticipation and expressing, lack of the binding from publichearing to the decision-making. Therefore, the essence of thepublic hearing today is informal discussion. The reasons are,we still lack of the voting system, the deficient developmentof market economy brought incomplete development ofmultiple social interests structure results in the insufficientneeds to the public hearing. Furthermore, our legal culturalof obligation-oriented is also not harmony with the legalcultural of right-oriented and due process. Finally, the lawon public hearing did have some defects in systemdesigning. However, the coming up of the multiple social interestsstructure and the evolvement of the government functionsand the state-civil society structure indicates that there aresome internal needs to the public hearing which will take theplace of informal discussion finally. And public hearingitself will play an important role in the development of thesystem.