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The Assessment Of The Effects Of Legislative Hearing

Posted on:2010-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y HaoFull Text:PDF
GTID:2166360278973967Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Legislative hearing is a legal system that legislation give interested parties the opportunity to express their views and listen to their views when the main legislative activities related to the interestes of citizens, legal persons or other organizations. Although the legislative hearing system in our country has been nearly a decade of development, construction at the system level, or practice on the operational level have come a long way, but in terms of design of the system level or in specific legislation on the practice of activity on the operational level, legislative hearing system in our country is still at the exploratory stage. There are a lot of problems to be soluted and to be perfected. In this paper, the assessment of the effects of the legislative hearing is based on the above thinking. Through the assessment of the effects of the legislative hearing, I hope that provide a target systems, make use of these indicators to assess the actual operation of the legislative hearing,and to detect deficiencies and shortcomings in the system.Assessment of the effects of the legislative hearing uses certain principles and target system, collates certain standards , follows certain procedures, compares the results of the system of legislative hearings on a legislative or a specific hearing with the book aims to make an objective, impartial, accurate and comprehensive evaluation. In view of the importance and the current deficiencies of legislative hearings, the assessment of the effects of the legislative hearing has the need to exist.The due effects of the legislative hearing are the goals and effects that the legislative hearing desires to be reached. The paper summarizes the due effects of the legislative hearing from the original intention that our country introduces the legislative hearing system, namely, legislative democracy and science and legislative economy. It designes one set of specific target system following the hearing procedures, from the determination of the scope of the hearing, the formulation of the hearing program , the release of the hearing notice, the selection of the hearing host, the selection of statements people, the hearing process to the hearing reports. The actual effects of the legislative hearing hope to find the shortcomings in the actual operation of China's legislative hearing compared the actual operation with the target .For example, the scope of the hearing is determined randomly and lack of co-ordination; the time, the content, the ways of publication of the notice have deficiencies; the representation of the statement people has insignificancy; the process of debate in the hearing is missing; the effectiveness of the report has shortage.There are many reasons resulted in the actual effects of the legislative hearing, including the lackness of democratic consciousness in our country, the uneven allocation of legislative power, the unreasonable design of the rules of the legislative hearing and so on. On the basis of depth analysis to these reasons, we propose a solution to recommendate the china's legislative hearing system, namely: to cultivate a strong sense of democracy, allocate the legislative power rationally, and improve the rules of legislative hearing.Assessment of the effects of the legislative hearing is not only an extension and continuation of the hearing system, but also an extension and continuation of the legislative process. It is the need for democratization and public participation in legislation. The research can test and develop the existing theory of legislation, can make the realated theory such as legislative process, legislative technology more complete. Its practical significance lies in: we can find the inadequacies of the operation by means of assessment of the effects of the legislative hearing. It provides a better model for the future legislative hearing practice, so that the law can better reflect the interests of various groups and become really good laws.
Keywords/Search Tags:legislative hearing, due effects, the actual effects
PDF Full Text Request
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