Analysis Of The System Of The Representation Of Hearing

The representation of hearing refers to person or organization that can express the ideason some decisions in the process of the situation when it relates to the citizens’ interestsand the lawful rights. It is the side that faces the hearing in the process. Theestablishment of the system of the representation of hearing has a great influence inpromoting information disclosure of the government and in strengthening the interestsof citizens’ participation in public decision-making. It also plays an important role tobalance the diversified social interests, but our country’s legal system is not sound aboutthe system of the representation of hearing: first, selection methods of the representationof hearing lacks legal basis. There are still some phenomena such as "specified hearing"and "invitation to a hearing"; Second, the representations of hearing can not fullyexpress the public opinion, the organization structure is unreasonable and consumerrepresentatives are still in a relatively weak position; Third, the rights of therepresentations are not fully guaranteed, in the hearing process, there is a publicinformation asymmetry, the representations have no real say; Fourth, the rights ofparticipation for the representations of hearing cannot be fully realized. Therepresentations of hearing can not participate in the hearing procedure. There are somephenomena that the collective revolt of the representations of the hearing in publicdecision-making and the problem of credibility decline of the hearing sector.Facing the problems of the system of the representations of hearing in our country,thinking about our country’s reference to British, the United States, Taiwan, andaccording to the specific conditions and practice in our country, some ideas are putforward in this paper: first, establish the selection mechanism of the representations ofhearing. Before the hearing, announcement should be issued and citizens may volunteerto sign up for. Then the representatives should be selected randomly. As theestablishment of system of representations’ selection mechanism, the National People’sCongress representatives and experts can play a full role as well. Secondly, improvethe representatives’ ability to reflect public opinion. An effective internal and externalsupervision system should be established in our country in order to ensure theimplementation of public opinion. Thirdly, develop legislation to ensure theimplementation of the rights of representations of hearing. In our country, the relevantlegislation should be set up to ensure the implementation of the rights of representations of hearing, the exercise of the rights should be regulated, and relief should be givenwhen the representatives’ rights are damaged. Legal responsibility and legal protectionshould be established. Finally, construct equal participation mechanism of therepresentatives and establish relevant system in order to ensure that the information isopen and clear. For example, establish informed beforehand system, case review system,files exclusivity system, and rhetoric debate public hearing system. In addition, theeffect of hearing record should also be emphasized in hearing, so that the hearing resultshave a basis. In a word, in view of the problems of the representation of hearing, to putforward some strategy and supplement and perfect the relevant laws can help to makeour citizens fully participate in public decision-making, reflect public opinion andmaintain their own legitimate rights and interests, which may also help to promote therealization of hearing system in our society.