制度移植与本土实践:以立法听证为个案的研究

Institutional Transfer And Localized Practice: Taking Legislative Hearings In China As A Case

本文从理论上建构了一个分析制度移植的框架,然后用它检验了立法听证在中国的引入和发展过程。立法听证已经走过了理论化和法律化阶段,现在正在经历着实践化和理念化。听证要进一步发展,今后应该把重点放在鼓励人大各专门委员会在法律起草过程中多举行听证,实现听证“日常化”上。只有在实践中学习,才能使制度移植过程成为各个相关利益者共同学习的过程,才能使强制执行的规则升华为自愿遵从的共同理念。

The paper constructs a theoretical framework of institutional transfer, then applies it toana lyze legislative hearings introduced and disseminated in China. After stages of theorization and legalization, legislation hearings are being practiced and idealized. For its further development, committees of People＇s Congress should be encouraged to hold more hearings in the course of drafting laws and make hearings regular for lawmakers. Only through learning by practice, can the institutional transfer become a process for stake-holders involved to learn together, and can rules relying on forced compliance become common ideas for people to follow willingly.