Study Of Environmental Legislative Hearings System

Party Congress report clearly stated: "in order to adapt to the socialist market economic development, social progress and the new situation of accession to the WTO, we should keep the eyes to strengthen legislation, improve the quality of legislation to form a socialist legal system with Chinese characteristics in 2010." Environmental legislation is an important component of China's legislative system, to protect and improve the environment, to prevent pollution, for Rational development and sustainable use of environmental resources, to protect human health and promote economic and social sustainable development ,perfect environmental legislation has played an important effect. With the continuous development of modern society, awareness rising of civic democracy and rights, democratic participation in the legislative process is an urgent requirement to improve the quality of environmental legislation, so that environmental legislation more in line with the concept of sustainable development. Hearing system of environmental legislation reflects the democratic rule of law, it can be used to enhance the environment for the executive administration according to law, enhance the transparency of environmental legislation acts, promote citizen participation in environmental legislation, to get the goal of the purpose of achieving environmental protection and promoting social harmony . According to China's environmental legislative hearings and foreign advanced experience of working practice in recent years, The purpose of this paper is to be researched and analyses Chinese environmental legislation in the practice of hearing problems, to put forward the views of perfect system for hearing environmental legislation. Hopes to further standardize and improve environmental legislation hearing process and thereby improving the quality of Chinese environmental legislation to achieve the purpose of environmental protection.In this paper, the fundamental problems began hearing system, The first part of the main hearing system is an overview of environmental legislation, environmental legislation of this study clearly the concept of hearings, forms and classification of the hearing rules of procedure, function, analysis of hearings and debates, arguments will be the difference. The second part of the article and demonstration of environmental legislation set out the theoretical basis for the hearing system, this paper that the environmental legislation system, the theoretical basis for the hearing of three: Britain's principles of natural justice, the United States due process of law, just the principle of participation. The third part of the article analyzes the environmental legislative hearings system and the other hearing system our existing differences. This part is the focus of this article. Respectively, from the environmental legislative hearings system and China's "Administrative Punishment Law," which stipulated the hearing system, with the "Law on Administrative Licensing" in the provisions of the hearing system, with the "Price Law" stipulated in the hearing system, with the "Legislation Law," which stipulated the hearing system point of view of comparison, to find out their links and differences between analysis of environmental legislative hearings system, unique features, demonstration of environmental legislation to establish and improve the significance of hearing system. The fourth part of the article analyzes China's environmental legislation, the overall hearing system operational status. First, the implementation of environmental legislation in China demonstrated the necessity and feasibility of the hearing system, hearing system through the introduction of environmental legislation in the legislative process can overcome the environment of limited rationality, extensive collection of public opinion, mentioned environmental legislation more democratic and scientific; can protect the citizen's environmental right to information, promote civic participation in environmental awareness; the implementation of environmental legislation in the hearing system is based on contemporary ecological concept of the legal requirements. Second, to analysis China's environmental legislation, and the creation and development of hearing system and the current problems in practice. The last part of the article is to propose a sound hearing system of China's environmental legislation proposals. In the reference system of absorbing foreign environmental legislation on the basis of hearing primarily from the specific environmental legislation in the scope of the hearing system, set up a special organization of the hearing and hearing presenters, experts in regulatory environment legislative hearings system of representations of people and our country should establish a hearing the results of environmental legislation exclusive system files to describe several aspects, which is the key to this article.