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Improvement Of Legislative Hearings System

Posted on:2007-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:H R QinFull Text:PDF
GTID:2206360212470584Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of scientific and democratic legislation, legislativing hearing has been paid more attention. By now, the legislative organs throughout the country basically hold the hearing, which helps enhance the legislation quality, increase citizens' legal conciousness, and boost scientific and democratic legislation. Some districts made attempts to set up rules for legislativing hearing, which will pile up experience for establishing a uniform legislativing hearing rule in China. Although the relevant laws and regulations have prescribed legislativing hearing as a system, there are no special and operational provisions of the scope of the legislativing hearing, the Procedure Rules of legislativing hearing, the parties in the legislativing hearing, and the hearing reports about the lgislativing haring Meeting, which has little effect on the legislation practice. Without a uniform rule of legislativing hearing, the hearing was held without standardization, thereby lowered the legislativing hearing effect. Firstly, the article introduces the concept and the historic change of legislativing hearing, and illustrates the differences between legislativing hearing and the meeting of legislative demonstration, the meeting of informal legislative discussion, the author also summarizes three functions of the lgislativing hearing, the first is to increase the operation, possibility and rationality of legislation, thereby enhance the legislation quality, the second is to realize the direct democracy and express people's mind, the last is to promulgate the legislativing and proceed the legislation. Secondly, the article puts forward innovatively five principles: the Principle to be come out the open, the Principle of rairness, efficiency and benefie persons, the Principle of Chanllenge, the Principle of Addressing, Inquires and discussing, and presents specifically the contents of the five principles. Thirdly, the article introduces the development and present situation of legislativing hearing in China. The author believes that there are many deficiencies in the existing legislativing hearing system, such as the vague scope of the legislativing Hearing, the uncertain selection of delegate, the unsure right and duty of the relevant person, the simple procedure, less attention on the result of the legislativing hearing, short of necessary technical provisions. At last, the author suggest we should combine the advanced experience of foreign countries and the real facts existed in china, and put forward nine ideas to perfect the legislativing hearing system.
Keywords/Search Tags:Legislative Hearing, Legal Function, Principle, Perfect
PDF Full Text Request
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