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Local people's congresses and their standing committees on the topic of the hearing system

<div style=\As the socialist democracy and the rule of law, the continuous advance of the hearing system has gradually become an important legal system, it is the achievement of the establishment and implementation of the rule of law, the establishment of a socialist country ruled by law is of great significance. Local people's congresses are local organs of state power, with the management of the Constitution and the law of the state affairs. Local people's congresses and their standing committees to implement its hearing system to manage state affairs on behalf of the people exercise the power to ensure that people exercise democratic rights and national ownership an important way to achieve status. Therefore, to explore and study this issue carefully, and gradually establish and perfect the system, will increasingly become the people's congresses and their standing committees at all levels in the future an important work. This paper from China Union [link widoczny dla zalogowanych] collected.

a hearing system, hearing the word

history began in the common law system, the original judicial proceedings in the Western countries an important part of its basic spirit is: to procedural fairness to ensure the impartiality of the results. In 1946, the United States to develop \Subsequently, Spain, Italy, Germany, Japan and other countries have also developed a unified administrative procedure law, which without exception, the contents of the provisions of the hearing process. At the time, hearing only as to the specific administrative act administrative organs (mainly administrative penalties) to go through procedures exist. With the continuous development of hearing procedures, the hearing system to gradually enter the government decision-making, decision-making as to achieve the democratization of an important scientific way, but also by the Legislature in legislation, supervision, and other areas have been adopted. Since then, the operation of the hearing as a new concept of state organs, and a basic system integrity in major Western countries to build up.

hearing procedures of imported from abroad. In 1993, Shenzhen took the lead in price to price review system, which is the prototype of our system of public hearings. In 1996 the \\request a hearing, the administrative organ shall organize a hearing. \May 1, 1998 implementation of the \system \September 9, 1999, the Guangdong Provincial People's Congress held a \Since then, hold open and transparent hearings, establish and perfect the science hearings, put on local people's congresses and their standing committees of the important work agenda.

Second, local people's congress system, the basic situation of the implementation of the hearing and the hearing process

main approach in our people's congresses and their standing committees at all levels to use in recent years began, and, This application is only tentative and limited to the area of legislation, and in the supervision, decisions on major issues, personnel appointments and removals, etc. but still a new subject to be explored.

(a) Basic

recent years, especially in the 2000 Legislative Implementation of Law, a number of local people's congresses in the legislative process has held a hearing. According to incomplete statistics, in recent years, has been in Shanghai, Guangdong, Sichuan, more than 20 provinces, autonomous regions and municipal People's Congress and its Standing Committee held a legislative hearing dozens of times, through the hearings to develop and modify rules and regulations, the adjustment of social relations is very broad, covering economic management and market order, urban construction and management, social security and education, cultural, civil and corporate rights protection and other fields have achieved very good results. Improvement of the legislative hearing in the system, the Standing Committee at all levels have actively explored, and on the basis of past experience, have developed a legislative hearing rules. It is understood that, as of July 2002, local people's congresses to develop specific rules for the province of the legislative hearings, city of Shanghai, Zhejiang, Anhui, Jiangxi, Henan, Sichuan, Zhengzhou, Guangzhou and Shenzhen. In addition, Guangdong Province, although no specific legislative hearing to develop regulations, but the development over time of the hearing procedure specification - \Most of the other provinces and cities is through the development of legislative regulations to the principles of the legislative provisions of the hearing problem. Such as Hubei in the legislative act provides: \and other means. \efforts, we are still in the hearing of the principles, procedures and other aspects of the formation of a set of effective regulatory regimes.

1, the hearing principles. Generally provides that the hearing must follow a fair, just and open. Except those involving state secrets, commercial secrets or personal privacy, the hearing shall be held in public, public hearings will allow the news media reported. In addition, some provincial and municipal people's congress is also reality,[link widoczny dla zalogowanych], provides a number of other principles. Such as Shanghai will be \Guangdong Province \Zhengzhou and Shenzhen will be \

2, the hearing process. From the major Western countries and the hearing of the practice of local people's congresses,[link widoczny dla zalogowanych], the implementation of the hearing including the following basic procedures: (1) The hearing of the institute. Congress can work to the relevant institutions hearing; of the Standing Committee may propose to hold a hearing; according to the recommendations of other units or individuals or motion, after a decision by the Standing Committee of authority can also hold a hearing. Under the current legislative hearing local people's congresses of specific practices, the main body of the hearing made and the NPC is mainly specialized committees, special committees on the legislative proposals and draft laws under consideration by the decision whether to hold hearings. (2) The hearing of the preparations. Include: early notice, a hearing by the hearing body to be announced to the public hearing time, place, hearing and other matters; the hearing statements, usually with an interest in the hearing and the person or organization who identified as hearing statements, necessary, and legislative matters disinterested experts who can serve as a hearing statements; prepare documents, background information for the hearing and the relevant contents of that material. (3) the holding of the hearing. Announced that units and personnel to participate in the hearing, the hearing and the hearing rules, the main contents of the hearing for a brief description of the contents of the statement of hearing people comment on public debate, the hearing record.

Third, local people's congresses to implement the main problems facing the hearing

should be noted that the hearing in China is still at the exploratory stage, with some hearing system has been established in the developed countries for decades, regardless of position in law or practice on the course are still many problems and is not perfect place:

(a) on the basis of hearing problems

to legislative hearings, for example, to develop legislative law legislative hearing before the occurrence of the practice have no national legal basis is completely and try to explore local people's congresses. After the promulgation and implementation of the legislation law, the local legislative hearings have a more clear legal basis. Even so, the local practice of the NPC's legislative hearing on the legal basis for it remains relatively weak, mainly in three aspects: First, the legislative hearings in the Legislation Law provides a very simple question, but also more flexible, unlike the price method as for the price of the hearing has rigid requirements; Second, many places,[link widoczny dla zalogowanych], including some of the places have been the early practice of Congress has not yet developed specifically for the hearing, the hearing system of rules, there is also a one-time or temporary in nature, such as Guangdong,[link widoczny dla zalogowanych], etc.; Third,[link widoczny dla zalogowanych], the actual legislative hearings the number of small, for the attention of the leaders of the Standing Committee or with the transfer of the transfer, some of a legislative openness embellishment.

(b) The scope of the hearing is still

legislative hearings, for example, most Western countries, legislative hearing is a necessary program or basic program. The Legislation Law of China stipulates that the Standing Committee meeting agenda included the draft law, the Legal Committee, the special committee and the Standing Committee shall listen to the views. You can listen to holding forums, seminars, hearings and other forms. Here, listen to
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