A Study On Locally Legislative Hearing System In China

Hearing system was pregnant with common law system. There is 70-year history since America regarded it as a legal system when American made a unified The Administrative Procedure Law in 1946. The application of hearing system is more and more perfect by foreign country through 70 years development. With the rapid development of democratic system and administrative law, the application range of hearing system have expanded to the executive decision-making and administrative legislation fields compared to previous years when the application of it was mainly confined in specific administrative act.The intention of hearing system is to ensure real equality and justice by procedure justice of legislature. In this background of democratic participation has gotten major league attention by the countries of the world. In view of the advantages of hearing system, regardless of common law countries, or civil law countries, most of them have transplanted this system.China is no exception. In Legislation Law of the PRC enacted in 2000, hearing system had been formally determined. The local legislation institutions responded by determining the system of hearing and making rules of it. It is sixteen years since China executed hearing system. we get both good results and bad ones around this time. Firstly, China only fundamentally regulates on the main points about the range of application about hearing system, leading to the state organs have a big discretion right. In addition, the legislative office can not change the traditionally legislative ideas in time, consequently, the ones which deserve to have a hearing do not have one or become formulaic, the outcome is not substantial. Secondly, the legislative hearing is lack of unified regulation, Locally legislative hearing is also lake of experience and theoretical support, many issues still exist in them. Thirdly, because propaganda is not enough and the advantages of citizens taking part in hearing have little security and the use of result of hearing is not clear and definite, less citizens are willing to participate in, leading to the system is lack of mass foundation. Finally, the system is also short of supervision, the laws just prescribe legislative office have the power about holding hearings, and so on. In response to the appeal, promoting the rule of law comprehensively and expanding ways people can participate in the legislation and accelerating the process citizens participate in legislation, said in 18 th CPC National Congress, the legislation law of the People’s Republic of China was amended. On the one hand, the local legislative authority is expanding, on the other hand, the scope of the legislative hearing fundamentally regulates on the main points, but the procedural issues of the legislative hearing are still not stipulated. Facing old problems and new situations, it needs further discussion and explanation.In this paper, I analyze some instances and give suggestions, such as perfecting legislation, strengthening the use of results of hearing and its supervision. I hope it will be helpful to reform and improve the system.