Hearing is the product of democratic process. Legislation is the activity that organ of state power legislate or revise law according to specific procedure. In 2000, the third meeting in Ninth National People's Congress enacted Legislation Law of the PRC, which radicates hearing system of legislation in China. It's a new instrument of facilitating democratizing of legislation, expand citizens'participation orderly, and improve quality of legislation. Compare to western countries that carry on hearing system for a long history and more perfect system, hearing system in China holds lots of weakness, both in theoretical and practical.This paper takes Hubei provincial legislation hearing system as research object, clarified definition, basic characteristics and function of legislation hearing, discussed jurisprudence ground of legislation activity of local people's congress, existing problems in constructing hearing system and operating. In the light of legislation of Hubei people's congress and practical hearing activity, this paper analyzed relevant problems in improving hearing system of legislation of Hubei provincial people's congress. The problems includes: hearing quantity is too small, hearing rule is imperfect, ambiguous in legal attribute, illegibility in legal force. Respond to these problems, this paper put forward following suggestions: improve hearing rules; expand hearing scope; stipulate hearing procedure strictly, emphasize transact of hearing result.
|