Research On Legislation Hearing System Of Local Administration

Under the context of “administrative state”, to adapt itself to handle theincreasingly complex administrative affairs, the efficiency of administrativelegislation seems to become the supreme pursuit of the administrative organizations.Nevertheless, an excessive pursuit of the efficiency of administrative legislation isbound to cause the loss of fairness and justice and can’t reflect the public will throughsuch legislation, and even breeds populism. Therefore, it has become an importantsubject of administrative law field to avoid any loss of fairness and justice whilemaintaining the efficiency of administrative legislation. Meanwhile, under thebackground of continuously declining theory of legal reservation, the administrativepower has been expanding and the legal organizations have been delegating powers toadministrative organizations, moreover, in current situation, it has emerged the trendand tendency that administrative legal documents are increasingly expanding and itsimportance has been increasingly promoting; and local administrative legislation hasbeen one of the most important form for its universality of justification range anddirectness of efficacy and has played an ever-increasing important role in practice.Legislation hearing shows the principle of limited government and popularsovereignty, and also has showed respect and protection for fundamental rights ofcitizen, therefore, to bring legislation into local administrative legislation can not onlybalance the pursuit of efficiency with the protection of fairness and justice, but alsogive consideration to both the efficiency of administrative legislation and the publicwill, and is of profound meaning both in theory and practice. However, in currentsituation, the local administrative legislation of our country has such shortcomings asunreasonable set of legal system, deficiency of program design and so on, thus tomake legislation hearing function in local administrative legislation, it has tostrengthen the construction of local administrative legislation hearing, and utilizingboth the legal system construction and administrative relative system to graduallyperfect the procedure and system of the local administrative legislation hearing of ourcountry. In this paper, based on the analysis of present situation of local administrativelegislation hearing of our country and the enlightenment of absorbing extraterritoriallaw, puts forward the concept of the legalization of local legislation hearing, expectingto take an outlook of the system construction of the local administrative legislation of our country, and to offer proposals.