On The Environmental Legislative Hearing System

Environmental legislation hearing system，still a new thing in China，is a subsidiaryconcept of legislative hearing．It originated in western countries where the legalsystem is relatively complete，and its earliest theoretical origin is considered to benatural justice principles of British natural law．Environmental legislation hearing．asan important part of the legislative hearing， started and developed gradually with thedevelopment of legislative hearings．In August2004， China＇s first environmentallegislative hearings held in Nanjing，marking the establishment of environmentallegislation hearing system in our country，which had historic significance．Practices ofenvironmental legislation hearing were carried out in many provinces and cities，sofar，environmental legislative hearings were held over ten times from the central to thelocal．Besides，many places also attempt to formulate the rules of the legislativehearing，which provide precious experience for the construction and development oflegislative hearing system in our country．However，it should be seen，environmental legislative hearings in China is still inthe exploratory stage，compared with those of environmental legislation hearingsystem has a relatively perfect state. Whether in law or practice positioning，there aresome shortcomings．Specific performance：lack of legislative hearings on theenvironment legislators rational understanding；legislative process leading cause ofdivision lack of public participation；environmental legislation，the lack of a stronglegal basis for the hearing；environmental legislative hearings difficult to playpractical；hearing costly．These issues on the development of China＇s environmentallegislation is extremely unfavorable hearing，therefore，continue to improve anddeepen the country＇s environmental legislation is particularly urgent hearingsystem，which is the proper meaning of the construction of ecological civilization．In this paper，the basic concept of environmental legislation hearing system tostart，along from theory to practice research ideas start on，first the basic theory ofenvironmental legislation hearings conducted in－depth discussion，and then comparethe legislative hearings and practice of environmental hearings in theU．S． environmental legislation， by combing domestic environmental problems facing the practice of legislative hearings for the issues raised further improve ourenvironmental legislation hearing system recommendations．The basic content ismainly reflected in the following sections：The first part is an overview of environmental legislation hearing system，specifically the concept of environmental legislative hearings this study，the analysisof the difference between hearing and debate，argumentation，and also provides thelegislative hearing system from the environment and China＇s＂AdministrativePunishment Law＂，respectively the hearing system， with the＂Law＂ in theprovisions of the hearing system，and the＂Price Law＂ provides that the hearingsystem，and the hearing system point of view，＂legislation Law＂ provisions werecompared to identify their relations and differences，analysis unique features ofenvironmental legislation hearing system．The second part discusses the hearingsystem to establish the significance of environmental legislation．The first two parts ofthe article is the basis of the whole thesis is to study the necessity of environmentallegislation where the hearing system．The third part describes the theoretical basis anddemonstration of environmental legislation hearing system，this paper considers thetheoretical basis of environmental legislation hearing system，there are four：thepublic trust principles，principles of natural justice，due process principles and theprinciple of public participation．The fourth part of the article describes the UnitedStates as an example of environmental legislation hearing system development statusabroad．The fifth part analyzes the overall health of our environment LegislativeHearing．First sort out the legal basis for China＇s environmental legislation hearingsystem，clearly our environment is the legal basis for legislative hearings，followed bylegislative hearing examined the practice of environmental operating conditions，environmental legislation on the practice of making a detailed hearing analysis，andfinally through the practice of legislative hearings on the environmental analysis，theplight of the environment in legislative hearings encountered in practice and emergingissues． The sixth part of the problem of environmental legislative hearingsencountered in practice，from both the macro level，improve our environmentallegislation put forward suggestions hearing system，the focus is to build and improvethe environmental legislative hearing system，which is the key of this article．...