The Research On The Scope Of Appllication Of Chinese Legislative Hearing

The first paragraph of article34of the law of the people's republic ofChina on legislation simply stipulates that hearing "may" be adopted as away that the relevant authorities gather opinions about a bill just like paneldiscussion and feasibility study meeting. Limited to the legislative act as aconstitution of basic legal position more due to the complex realities ofdifferent all over the country, doesn't apply to the hearing must be conducted,can apply to hearings, no hearing is required for matters expressly. Itdoesn't specify the application scopes of the situation in which the hearingmust be held, may be held and isn't needed. Under the premise of followingthe legislation law, some places have made the local legislative hearing rulesand given relatively clear specifications about the applicable scopes. At thesame time, it proves the regulation basis for the local legislative hearing practice. Even so, from practice, problems still exist in the application scopeof legislative hearing defined in theserules. For example, they are notreasonable or scientific enough. Based on this, we need to improve on thebasis of the existing system on the applicable with the "must","may" and"not needed" at three different levels of classification. By distinguishingdifferent levels of legislative hearings system design in achieving targeted,easy to operate while hearing, and also to the further development oflegislation of democratic and scientific contribution comes from practicesystem fator.