Research On The Hearing System Of Local People's Congress Budget Initial Review

The local people's congress budget preliminary review hearing system means that the local people's congress budget preliminary review subject adopts the form of public hearing in the process of preliminary review of the budget draft,listening and integrating the demands and suggestions of taxpayers with different resource endowments and interest preferences,and making amendments for government departments.A procedural system for initial review of the budget draft.As a procedural carrier to effectively embed "public budget participation" into the framework of the budget examination and approval system of the National People's Congress,the budget preliminary hearing aims to achieve budget democracy and optimize the allocation of resources through due process.With the deepening of the reform of the budget supervision of the people's Congress,the pilot scope of the budget preliminary hearing system of the local people's Congress is constantly expanding,and its necessity and potential value in China's local practice have been recognized.Through the legal analysis of the system and the practical investigation in the representative pilot areas,it is found that the system is faced with the operation dilemma caused by the insufficient response from the level of budget law and the defects of system design.The vagueness of the budget law and the absence of the taxpayer's right to participate in the budget lead to the existing norms biased to the authorized provisions of the budget authority and the lack of protection rules for the public's budget rights;the unclear scope of application of the hearing leads to the arbitrary application and weak operability of the system;the imperfect system of the hearing subject compresses the effectiveness of participation;and the procedural value is not high due to the defects in the operation of the procedure The effe tiveness of the hearing results is unclear,the response is insufficient,the enthusiasm of participation is dampened,and the credibility of the hearing is reduced.Combined with these problems,the potential of the hearing system of the budget preliminary trial of the local people's Congress is restrained,which greatly restricts the development of the system.Based on the national conditions,on the basis of summarizing and refining the successful experience of local practice,following the corresponding theoretical clues of the system,and integrating the thinking of carefully learning from the beneficial experience of foreign parliamentary budget approval hearing procedures,this paper puts forward the Optimization Countermeasures of our local people's Congress budget preliminary hearing system.The first is to improve the legal provisions of the hearing system of the budget preliminary trial of local people's Congress.We should unify the legal basis of the hearing system of the preliminary budget examination,and establish the legal status of taxpayers' right to participate in the budget.As a public law right,the specific form of the right to participate in the budget is consistent with the provisions of the preliminary hearing of the budget,so that the system design is biased towards the obligation of the budget authority and the procedural guarantee of the public budget rights.The second is to determine the scope of hearing by budget level and level,and strengthen the certainty and operability of the system.Third,improve the hearing subject system.We should set up a special budget committee,improve the selection mechanism of public representatives,timely introduce non-governmental organizations,and reasonably plan the rights and responsibilities of hearing subjects,so as to ensure the normalization of hearing and the effectiveness of budget participation.The fourth is to ensure the sound operation of the hearing procedure.We should extend the time of the first trial of the legal budget,establish the information disclosure mechanism of the draft budget,improve the basic procedures of the hearing,and highlight the value of the hearing procedure.Fifth,strengthen the application and response of hearing results.We should make clear the binding force of the hearing results on the preliminary opinions,establish a public mechanism for the government to adopt feedback,and maintain the positive interaction and cooperation between power and rights.In this way,the institutionalized and standardized participation process can not only meet the needs of the public's political democracy,but also accelerate the deepening of public budget reform in the process of improving the design of system elements.