The Investigation On The Legislative Hearing System

It is appropriate to say that the hearing system in china came from abroad originally. It comes forth in western countries earlier than that in china, which stemmed from the principle of natural justice from British common law. The original point of hearing system was in administrative field, in which the relative person of administrative behavior had the right to resort to administrative department for natural justice dealing, while his lawful right was effected by the decision made relative objective in administrative behavior .In 1946, this principle was deepened in state administrative procedure law and become the form of legitimate law procedure. Principle of lawful administration ascertained administrative law in German, which belongs to continental law countries, laid the theoretical foundation for the establishment of hearing system, and then promoted the establishment of hearing system in many countries. This system, which was affirmed in administrative punishment law of PRC in 1996, on the one hand, absorbed valuable theories and drew on the successful experience of western countries. On the other hand, summarized the hearing system that is suitable for the present situation in china on the basis of existed administrative experience. With and perfect and development of the hearing system, in order to meet the requirement of democracy and the participation in legislation of common people in modern society, the system permeated into the legislative area and resulted in the establishment of modern legislative hearing system. This theme will study the law making hearing system from 4 parts.In the fist part, the writer gives the basic introduction of the legislative hearing system .At first, with the originality of hearing system as the start point, offering the concept of the system and classifying it from different angles, the theme leads to the legislative hearing system which is the study objective of this theme. Second, offering the definition of the basic concept of l, comparing the concept with other relative concepts, the theme restricts the study object within the legislative system of legislative department and introduces the character and function of the hearing system.In the second part, the writer analyzes the existing necessity of legislative hearing system from the theoretical angle. Combining with the basic theory of western jurisprudence, making use of law prospective of programmism by Habermass and limitation of law in judicial economy, the theme discusses the theoretical basis of existing of legislative hearing system. At the same time, combining with the present condition of our country, the theme raises that the legislative hearing system is an important safeguard to realize pre-administration of legislative action of legislative organization by common people. Additionally, it is also an important channel for citizen to carry on his right of information–knowing, which results from the basic right of citizen.In the third part, the theme introduces the legislative hearing system in western countries .It lists legislative hearing system of America and German, which stand for the common law and continental law respectively, and in these two countries, the system is also fully developed and reasonable used. It is obviously the introduction will be used for reference of the development of legislative system in our country..In the fourth part, the theme introduces the legislative hearing system in our country. At first, it demonstrates that the system has been set up in our country initially and has big room to develop in the view of necessity and feasibility. Second, it points out that there are substantial shortcoming of the system in our country and tries to find out the fundamental reason. Third, it tries to construct a feasible legislative hearing system by combining with present condition of our country and using the reference the relatively mature system in western countries.