| Though the hearing system is regulated in China' Legislative Law, the specific content is not clear. Some provinces and cities try to construct the hearing system of legislation according to the practice, but their ways are not standardized and unified, there are also other problems in this field. Local legislation is very useful for the related legislative system of our country for it can supply good examples and good conditions, so it's necessary to construct the local legislative system gradually in advance. I have the opinion that we should construct the local legislative system by means of making good use of American correspond system. There are three parts mainly introduce the intention, distinguishing feature, source and function of legislative hearing. The paper also introduces the main contents of the procedure of legislative hearing and the practice of our country'. I also put forward my ideas of constructing local legislative hearing system of China.The first part demonstrates the intention, feature, source, function of legislative hearing and the main contents of the procedure of legislative hearing .Legislative hearing is the system that before the legislative body decide whether a legislative item should be drawn or whether the items should be adopted in the course of making and reviewing the draft, the legislative body adopts the related suggestions of the society by way of having the meeting publicly, and these suggestions will become important reference in the future. This system has four features. The first is it's a more public procedure. The second is it's a procedure of paying attention to the people' ideas. The third is it will get a lot reference. The fourth is it will be used more widely.The original meaning of hearing is to hear the parties in the court, it was used as a rule in the court at first. It was used as a rule in the administrative procedure later. When the countries pay more attention to the justice of legislation, hearing is widely used in the administrative procedure. It was reformed according to the feature of legislation afterwards. America is the country that used hearing system in the field of legislation earlier.The function of legislative hearing is summarized as: the first it can make up with the insufficiency of the time and experiment. The second it can help the legislative body get the suggestions of the society and show the reaction of the people. The third is to know sufficiently the facts to adjust all kinds of relationships. The fourth is it's useful for discussing and reviewing the hearing objects publicly.There are mainly three procedures of hearing: preparing, hearing and after hearing. The second part introduces the laws and rules of legislation in China. It also introduces the practice of legislation in China. Though China make use of American system, some parts are from the Constitution directly, these laws and rules conform to the spirit of the Constitution. The Administrative Penalties Law is the first law in China that regulates hearing system. Price law enlarges the extent of hearing, that is the act of regulating price by the government can be heard. The Administrative licensing Law regulates that hearing be the part of Administrative licensing. Hearing is regulated in the field of legislation by the Legislative Law later. Till the end of 2003, there are 18 provinces have made the local rules on the hearing procedure of legislation. There are a lot problems in hearing of local legislation. The first is these rules are not complete. The second is the principles of public, debate and democracy have not realized completely. The third is the rights and obligations of the subjects of hearing are not clear. The fourth is the suggestions from the hearing are not adopted enough. The fifth is the effects of the media are not taken seriously.In the third part, I put forward my ideas of local legislative hearing. The first is the principles of hearing. They mainly include Public principle, Impartial principle, Justice principle. There are... |
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