Research On The System Of The Body Of The Local Legislative Hearing

With the development of legislative hearing system in China, most of the provinces have enacted regulation of the legislative hearing. However, there are a lot of deficiencies in the local legislation regulations of legislative hearings. The bodies of local legislative hearings, includes organization, the hearing chairperson, the hearing participants, legislative investigators, translators, clerks and so on. In view of the key role of the hearing organization, chairperson, the participants in the legislative process, this thesis focuses on the analysis of the three bodies. Beginning with the analysis of fundamental theories of the system of the body of the local legislative hearing and the local regulations, this article aims at researching the problems of the local legislation hearing and put forward the proposals to perfect this system.In chapter I, it summarizes the fundamental theories and basic issues of the system of bodies of the local legislative hearing. In Section I, it defines the concept of the local legislative hearing. In Section II, it compares and analyzes the local legislative hearings and administrative hearings, legislative forums and so on. In Section III, it introduces the features and meaning of the system of the body of the local legislative hearing.In Chapter II, it analyzes the present problems of system of the body of the local legislative hearing based on the local regulations of the local legislative hearing. In Section I, it analyzes the contents related with the organization, the chairperson, and participants, including the rules, rights and obligations. In Section II, it analyzes the status of three bodies, and points out the problems. The organization is lack of neutral status, efficiency and funding. The rights and obligations of the chairperson are unclear. The principle of establishing the participants is unreasonable, and they do not have enough rights.The third chapter is the core of this thesis which is divided into three parts, aiming to solve the problems of local legislative hearings organization, chairperson and participants. In Section I, it analyzes the necessity and feasibility of establishing the local legislative hearings organization. In Section II, it proposes to establish a reasonable selection principle (the principle of an independent hearing, abstention doctrine), the strict qualification requirements including legislative experience, ability and so on, a clear responsibility and authority, to solve the problems of the chairperson. In Section III, it proposes the establishment of scientific criteria for selection of participants, including experts, scholars and the participants through registration, to protect fair of legislative hearing.If participants have enough rights ruled in the regulations of the local legislative hearing in different stages, problems of the participants are easy to be solved. Through above measures of the local legislative hearing, the local legislative hearings will truly play their proper function.