| The administrative organization obtains the legislative power is anecessity which the executive power expands and also is the society need todevelop. The administrative legislation took an abstract administrative action,must have far more influence than the concrete administrative action on thecitizen and society, and therefore we must perform the effective restraint to it.After Second World War, the western countries began to formulateadministration procedural law to restrain the executive power, so the hearingsystem of administrative legislation obtained a chance to develop. Since the1990s,ourcountryputsfortheffortsontherulesandregulationssystemtoadaptthe market economy. The administrative legislation development is very quick,butthepresentlawandadministrativerulesandregulationstotheadministrativelegislation hearing system not only lack systematic stipulation but also tooprinciple. It leads to grave deficiencyof democracyin administrative legislationprocess. The administrative legislation hearing system has several dozens yearsdevelopment history in the western developed country, so it oneself is morecomplete. As a kind of experience and method which carries forward thedemocracy and law, without doubt is worth us profiting from, and "The UnitedState Administration Procedural law" is especially most typical. In view of the present situation and existence flaw in the hearing system of administrationlegislation in our country, and through the inspection of overseas hearing systemof administrative legislation, we can perfect the hearing system ofadministration legislation from four aspects: determine the proper hearing scope,chose the appropriate hearing mode, establish the standard hearing operationsequence, formulate the unified Administrative Procedural law. This willcertainly to adapt our country's administration reform and the WTO Rules'request, realize the democratization and standardization of the executive powerand speed up the process of democracy and law in our country.
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