Study On The System Of Participants Of China's Legislative Hearing

Democracy is the foundation of legislation. Legislative hearing system provides a kind of direct and open channel for the public to express opinions and coordinate interests through the legislative process. It also can help the legislative body get the information of the society and enhance the legislative efficiency, and then becomes the main way to achieve democratization of legislation. As the most important body of legislative hearing system, legislative hearing participant occupies a critical position of this system. At present, the system of participants of China's legislative hearing is still in its infancy, it needs developing and improving on all sides. Beginning with the fundamental conceptions of the system of the participants of legislation hearing, the article studied the legal basis of this system, then analyzed the writs of legislation hearing and the practices in central and local area to find the defects. At last, the article put forward the proposals to perfect this system. The whole article would study this system from six chapters and five parts: In chapter one, it's about the background, significance, content and methods of this project. In chapter two, it analyzed the fundamental conceptions of the system of the participants of legislation hearing. on the basis of systems theory, the article offered its own standpoint. In chapter three, it studied on the legal basis of this system. Being distinguished from the method over the past, the article did this work from the theory of neo-Natural school of law, economic analysis of law and sociology of law. In chapter four and five, it investigated the legislative status and practices of the system of the participants of legislation hearing. This part described the status of the system from the selection of participants, the rights and obligations of participants, the professionals and organizations of special participants in this country. In chapter six, it summarized the main defects of the system of the participants of China's legislation hearing at first, then brought forward a way of systematic construction which work with hearing rules, the definition of participants' extent, the integrity of participants' selection and participation procedures and the establishment of accountability mechanisms to perfect the whole system.