The Exploration On The Way To Strengthen The Administrative Strategy Hearing System Of China

The executive decision hearing is after community policy releasing or the implementation, on aspects and so on matter of public policy, community policy plan or community policy effect listens to the related association, experts' opinion, specially listens to with this decision-making has the stake litigant's opinion. The executive decision hearing is the modern democracy product, is also the new thing which in Our country Government management system reform appears. Its goal lies in obtains as far as possible with some administrative policy-making parties concerned's social all quarters benefit expression and to the policy-making opinion feedback, with the aim of making as far as possible reasonable decision-making.China's system of public hearing draws lessons from the western countries, but it also has a direct source of the constitution.our "constitution" Article 6, paragraph 7, "the people in accordance with the law, through various channels and forms manage state affairs, economic and cultural undertakings, and social affairs."This provision is the constitutional basis of public and participatory principle of hearing system.The participation of citizens in the hearing system is one of the ways and means to manage state affairs.The 16th National Party Congress report clearly pointed out that the policy-making organs at all levels should perfect the major decision-making rules and procedures,establish social conditions and public opinion reflected system,establish the public hearings system closely related to the public on major issues,practise decision-making demonstration system,prevent decision-making arbitrariness, which is the important guiding ideology of China's administrative hearing system.At present, the laws of clarifying administrative hearing system are: "Administrative Punishment Law," "Price Law," "Law on Administrative Licensing." It is worth noting that in March 2004 the State Council promulgated the "full implementation of the Platform for promoting administration according to law" require a major decision and major draft legislation of the executive should hear the views by the form of extensive hearings. After these laws and regulations enacted, the various departments all over the country have begun to carry out the large number of practice in administrative decision-making hearing, and further pushed forward the smooth development of China's administrative decision-making hearings system. But,no doubt, in the social transition period, China's current system of administrative decision-making hearings is faced with all kinds of problems, while converting the system of government,building a concept of democratic procedures, speeding up the legislative decision-making process hearing system, is the only way to perfect the system.This article is divided three parts: The first part has carried on the explanation to the executive decision hearing's connotation, and has analyzed the executive decision hearing's legal principle theory of law foundation and the executive decision hearing's politics significance thoroughly. The second part carries on the analysis on the present our country's executive decision hearing system present situation, pointed out the existence the flaw and produces reason. The third part profits from the Western developed country executive decision hearing's advanced experience, proposed consummates our country executive decision hearing system's way.