On The Consummation Of Legislaitve Hearing Of China

The word of legislative hearing is always existed by the democracy’s development. Justas its contents can embody the method of democracy, the legislative hearing system is gradualperfected by the following development of democracy in advanced countries. In generally,the legislative hearing system has experienced a gradual procession from judicatory hearingto legislative hearing. Legislative hearing is an important approach for civics to attend theprocess for countries’ legislations and national managements. It also is a beneficial methodfor people to supervise the legislative department’s works, and can easily guarantees people’ssuperintendence. Therefore, legislative hearing system is an important healthiness method tothe law’s system in western advanced countries.Generally speaking, the legislative hearing system has traced from England. The hearingrule is the inherent right’s extension and development in administration legislative sphere,which is traced from the archaic naturalness justice principle. Just as one concretely form injustice law program, the legislative hearing system’s earlier justice and almsgiving principlein the process of judicature’s executing. When this legislative system form has beenintroduced in America from English, it further has been planted in judicature’s campaign andadministration practice, and also has been considered as one beneficial method in promoteseveral aspects, just as legislative, administration’s democracy degree and extend-obtainedrelative information. Especially after the First World-war, the legislative hearing system hadbeen admitted in many countries or regions, and also been ameliorated based the situation ofthe countries. Nowadays, it has been impacted deeply by the democracy-idea’s spreading, andthe legislative hearing system has been developed one actual effected program democracyform in many countries’(or regions’) judicature, legislative and administration executing.It is no doubt that the word “hearing” is often accompanying with the word “democracy”existing. In the modern state and society, legislative democratic principles, has become theconsensus in the public. The so-called legislative hearings system, is to make the publicrelations (or legal experts, academics) that have a direct or indirect interest in the forthcominglaw to actively involved in the legislative background to understand the law, purpose, styleand contents, and found, questioned the legal problems. That all methods can monitor andprotect the law tends to complete a legislative process, which is a concrete manifestation oflegislative form of democracy, and it also is a state of law the only way to improve thelegislative system.Just as it can embody the spirit of democracy, the legislative hearing system in Westerncountries has also been continually improve and perfect with the development of the spirit ofdemocracy. Some commentators even think that the legislative hearing system originalshadow of concept can be found in the UK "Free Magna Carta” in1215years, whichpresented the idea of concerned citizens "the right of legal protection" and system. Thelegislative hearing system’s development through a hearing from the judicial to the legislativehearing process, its initial hearing justice system was established in the UK and the U.S.,such as the American judicial system in the famous "due process" to include hearingprocedures. With the development of democracy and the rule of law, and the western publicparticipation in legislative and administrative matters are growing louder, the legislative hearing system came into being in eyes of the public in the world. It can be generallyaccepted that Japan and Latin America and other countries to implement appropriatelegislative hearings especially after World War II.The legislative hearing system just as any other system, which is coming on the face ofthe public always has the deep realistic background in modern monocracy countries. It hasmany profound social factors that the legislative hearing system was gradually introducedinto China in90th in the20th century. Both from the large foreign backgrounds or from theperspective of the new situation, the introduction of legislative hearings in China have ahistorical inevitability. The entrance real symbol in China, for the hearing rule in legislativesphere, is the legislative law which has been passed by9thnational people’s third-timemeeting in March,2000year. Base on the relevant static numbers, the every national province(municipality, city) legislative hearing’s development has been on the top in2004year.Otherwise, the tidal wave of legislative hearing is not only further developing after the topstage (2004year), but also intents to decline trends. It is not surprised that the occurring ofunsuited phenomenon, which has reflected the method of the legislative hearing’snaturalization to China, should be faced to the difficulties for deferent country’s politiciansystem. Thus, in order to make best environments for the legislative hearing system’sdevelopment in China, it should be made more measures to insure outside circumstances’existing.Just facing at these undergrounding conditions, this paper aims to promote legislativehearing’s development in China. Firstly, it has summarized the legislative hearing system’ssemantics (and its meaning), and emphatically analyzed the development actuality oflegislative hearing in China. Secondly, the characteristics of western advanced countries’legislative hearing system (such as America, German, Canada etc.) have been proposed n thispaper by contrast method. Finally, in order to bring to perfection or completion of legislativehearing system’s gradual development in China, some advices have been proposed in thispaper, which have been adapt to the situation of Chinese law development.The paper’s research contents will include the following aspects.Chapter I: Analysis of the semantic and significance for the legislative hearings system.Chapter II: Analysis of the legislative hearings’ development in China.Chapter III: Other Mountains for referring-foreign legislative hearing system’s comparisonand analysis.Chapter IV: Suggestions for improvement of the proposed legislative hearing system inChina.Chapter V: Conclusion of this paper.