Research On The Construction Of The Local Legislative Hearing System

The hearing system originated in the west.The Legislative Law of the People’s Republic of China in2000established China’s legislative hearing system for the first time, and the system then became an important form of participating in the national legislation for Chinese people. However, as an imported product, legislative hearing in our country presently only has symbolic significance of declaration, and its popularity is not enough. How to push forward the legislative hearing with universalness and standardization, overcome the formalization and lack of rules of legislative hearing system, improve the justice and efficiency of legislative hearing, and continuously improve the quality and scientific degrees of local legislation is worth our further thinking and researching.Natural justice principle, the principle of due process of law and administrative legal principles constitute the basic theories of legislative hearing system. At the same time, the legislative hearing system has four basic functions, namely function of collection of the decision information, function of the public opinion and the reflection of people’s livelihood, function of limited power and avoiding favoritism, and function of benefit expression and the benefit balance.The vitality of local legislation lies in its local unique feature. In recent years, along with the local legislative democratization gradually becoming the era call and mark, many local National People’s Congress open the door in the legislative process, and provide a platform of fully expressing public opinion for the interests of all parties, supporting and encouraging the public to participate in the local legislation. But we need to say that, as a new system, legislative hearing in our country is still in the stage of exploration. The local government also must emancipate the mind, have the courage to explore and practise, and make it continuous improvement. We need to establish and perfect the unified local legislative hearing legal system; further strengthen the design of the participation and the application scope in the field of subject and object of the legislative hearing system; establish combination of the formal and informal hearing program mode in the procedural aspect;strengthen the reasonableness and publicity of the legislative hearing opinion, and determine clearly the validity of the results of the hearing through the legislation of it.