Research On The Performance Of China’s Public Hearing System In The Theoretical Perspective Of Deliberative Democracy

Since1990s, China has introduced public hearing system in public administration and law-making. In these years, under the guidance of a series of laws and regulations, public hearings about a number of public policy issues have been going frequently in China. Some public hearings succeeded, but some failed. Why? What are the factors influencing the performance of public hearing system?Public hearing system originates from western countries whose legal system is perfect. Natural justice in England and due process of law in the USA are legal basis of western public hearing system. At present, public hearing system is used in judicature, public administration and legislation in western countries. Public hearing system in China is learned from western countries. As a formal legal system, public hearing system is used in public administration and legislation in China. The value of public hearing system is procedural justice and democratic decision-making in western countries. The value of public hearing system in China is procedural justice, democratic decision-making, scientific decision-making and public decision-making. The value of public hearing system in China is consistent with deliberative democracy. Public hearing system in China has many characteristics of deliberative democracy. Therefore public hearing system is a kind of deliberative democracy. Reference to breadth, depth and scope of participation, the criteria of measuring performance of public hearing system are as follows. If public hearing representatives are not representative, that is to say, they can not stand for all stakeholders of the public hearing issue, the public hearing fails. When public hearing representatives are representative, this thesis studies the influence which opinions in the public hearing have on the final decision.By studying three successful public hearings and three failed public hearings, this thesis can prove if operational procedures of public hearing system are not excellent enough to achieve the value of public hearing system, the performance of public hearing system is bad. That is to say, public hearings fail. Operational procedures are not excellent enough, because procedural arrangments are not excellent enough, or excellent procedures are not strictly followed in reality. If operational procedures of public hearing system are excellent enough to achieve the value of public hearing system, and a series of favourable external factors are provided, such as equality of resources and abilities of stakeholders of public hearing issues, the performance of public hearing system is good. That is to say, public hearings succeed. By comparative studying of cases, this thesis can find out internal and external factors of the performance of public hearing system. Internal factors are excellence of procedural arrangments, strictness of following excellent procedures. External factors are equality of resources and abilities of stakeholders of public hearing issues, the degree of public hearing organizers’understanding and valuing public hearings, the degree of social concern about public hearings and social supervision. By analyzing factors influencing the performance of public hearing system, this thesis can conclude that the working conditions of deliberative democracy are constitutionalism, civil society, citizen’s and government’s understanding and valuing deliberative democracy.