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An Analysis On The Present Situation And Development Of Legislation Hearing Institution In China

Posted on:2013-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2246330374981123Subject:Law
Abstract/Summary:PDF Full Text Request
Legislation hearing institution has become an important part in legislation of national and local law-making organs. This thesis retrospects the development of the theory and practice of legislation hearing institution in China, summarizes and analyses its present situation and existing problems, proposes measures to develop and better legislation hearing institution in China. This thesis is divided into three chapters. Chapter one introduces the establishment, development and present situation of legislation hearing institution in China. In this chapter, a comprehensive and objective description of legislation hearing institution in China is made on the basis of abundant examples and statistics; meanwhile, the difference between legislation hearing institution in China and that in foreign countries is pointed out. Chapter two summarizes China’s experience in developing legislation hearing institution and points out the existing problems, which is the focal point of this thesis. Chapter two is divided into seven parts. Part one summarizes China’s experience in developing legislation hearing institution from seven aspects: Valuing system pilot and guiding the mass to participate local legislation; Paying attention to the choosing of hearing matter to ensure its practical effect; Attaching importance to selecting representative of statement to ensure they stand for the mass; Stressing previous communication to ensure the effectiveness; Treasuring innovation of hearing forms to ensure a low cost and its convenience; Attaching weight to the adoption of the proposals to guarantee its application; Valuing the institution construction and its propaganda. Part two points out two main problems of China’s present legislation hearing institution:the first problem is that present legislation hearing institution needs standardization and institutionalization; the second problem is that present legislation hearing institution needs scientific regulation in five fields:hearing initiating procedure, hearing status, selecting representative of statement, hearing regulating procedure, forms of hearing results. Chapter three proposes measures to develop and better China’s legislation hearing institution, which is the core of this thesis. This chapter is divided into two parts. Part one proposes to establish unified legislation hearing institution and standardize the following five fields: Differentiate situations to choose corresponding hearers and design four specific hearing models-entrance hearing, contents hearing, complementary hearing and joint hearing; Unifying scientific and standard legislation hearing procedure; Guaranteeing the legal status of hearing results; Establishing and bettering feedback system in hearing institution; Avoiding "Professional representative of statement" by establishing a mechanism of registering and sharing information of representative of statement and visitors. Part two proposes to adopt scientific hearing models, including applying on-line hearing and tapping the potential of traditional hearing models.
Keywords/Search Tags:Legislation Hearing, Experience, Problems, Developing and Bettering
PDF Full Text Request
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