Legal Analysis Of Opposite Setting In The Legislative Hearing Procedure

The opposite setting is one element of legal procedure.The opposite setting respond to the existence of various types of conflicts in society.By setting rules for the subjects of interest opposition or competition,the interests are transformed into rights in the procedure,so as to balance the interests of the opposite parties in the framework of law,resolve conflicts and disputes and reach consensus or consensus on the basis of reflection and compromise.The legitimization of the opposites,together with the differentiation of the procedure,the neutrality of the procedure,the equivalence of the information,the full and equal dialogue,the timely determination of the results,the dependence on and respect for the procedure process,has become the basic ideal and requirement of the due process.Just because human reason is limited,in order to maintain human dignity and ensure that everyone has the right to choose life freely,not only some people can make choices for all people,the result should be based on public choice.Giving the opposite subject the right and making the decision-making power not be over concentrated,can balance the contradiction among the opposite subjects to the greatest extent.The result of legal procedure is an unknown factor.The subject of conflict of interest abides by the agreed procedure and makes a public choice,so the result can be accepted by the subject participating in the procedure.The legitimacy of modern law is based on public opinion.In a modern society with multiple interests and values,public opinion is not naturally homogeneous.If a specific legislation wants to truly reflect public opinion,it is necessary to provide institutional and procedural devices for equal and full expression and debate of multiple or even opposite related claims,so that the process of collecting and condensing public opinion is institutionalized,standardized and procedural,and will not be arbitrarily controlled.The legislative hearing is such an institutional and procedural device.But in our country,the legislative hearing is only treated as a general way of soliciting opinions like the forum and the argumentation,but not as a systematic device,which obviously does not conform to the legal principle of the legislative hearing.It is precisely because of such a non-institutional approach to the legislative hearing that our efforts to legitimize the legislative hearing in the process are lacking this lack is first manifested as the lack of a balanced state of "opposite setting" as the primary element of the procedure.The specific performance includes:the nature of the legislative hearing is not clear,the role differentiation of the main body of the legislative hearing is insufficient,the principle of procedural neutrality is not effectively followed,information symmetry is difficult to achieve,the principle of quality debate is not fully reflected,the result of the hearing is lack of dependence on the process and response and so on.The hearing procedure emphasizes the matching of six elements of due process,among which the opposite setting is the prerequisite element.The setting of the opposite in the legislative hearing does not meet the requirements of legitimacy,which will lead to the legislative hearing does not meet the requirements of due process.Therefore,it is very urgent to presume the role differentiation and balance mechanism,achieve program neutrality,ensure the information equivalence of opposing parties,provide an institutional space for full debate and reflection,and establish the dependence or response mechanism of the results on the process.Legislation is a process for different groups to negotiate their interests.Improving the setting of the opposite side of the legislative hearing process can more objectively reflect the public opinion and realize the scientific and democratic legislation.