The Research On Local Legislative Hearing

Legislation hearing of witnesses system, as a important rule that embodies the democratic and scientific law-making mode of our country, has been authorized by No.34 clause and No.58 clause in ((Legislation law of People's Republic of China)} , from the aspect of the two clauses and the facilitation effect that legislation hearing of witnesses system gives to democratization of law-making in China, legislation hearing of witnesses system, in China, is not only a law-making mode, but also a law-making rule. But the legislative hearing system has been introduced to the legislative practice very late, which is still in the test stage. Although it has obtained rather good effect, many problems appearing in its actual practice has affected and limited the further display of its function. 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.This article takes local legislative hearing as an example, and analyzes the structure, actual operation and existing problems in the local legislative hearing system, by the method of comparative analysis and archives reading and presents proposals and tentative plans on how to improve this system. In this paper, first ,the concept of hearing of witnesses is ascertained; second ,the function and signification of legislation hearing of witnesses are analyzed; Based on the above discussion, we analyze the current situation of legislation hearing of witnesses in our country, and the defect of legislation hearing of witnesses system in Local legislation, mainly including the scarcity and irregularity of public hearing, the vagueness in its legal status and legal power; Finally, in the basis of American correspond system, it presents proposals on how to improve the local legislation hearing system, including broadening the category, perfecting the rule, regularizing the procedure and emphasizing the outcome processing of the legislative hearing system.