政治参与视角下立法听证会的困境与机遇

The Opportunity and Dilemma of Legislative Public Hearings in China from a Political Participation Perspective

自从听证会被引入立法领域以来,这项在国外良好运转的制度,在我国却出现了水土不服的情况,结果并不理想。有关组织者对立法听证会的效果和功能表示失望,许多人反映,立法听证会"成本大、过程长、效果差"。为什么会有这种结果?是否立法听证与我国的政治制度具有本质冲突?文章主要从公民政治参与的角度,以各省市区有关立法听证的制度文本和实践统计为基础,在对各省的文本差异和实践结果进行分析的基础上,探讨了立法听证会的困境、机遇和出路。

Since legislative public hearings were introduced in China, the results have not been ideal. Many provincial bureaus of legislative affairs have expressed disappointment at the effects and functions of legislative public hearings, with many people reporting that they are expensive, the process is long, and their results are poor. Why？ Is there a conflict between legislative public hearings and the political system in China？ In this paper, we analyze the legislative public hearing laws and practices of each province from the perspective of citizens＇ political participation, and discuss the opportunities and difficulties associated with legislative public hearings in China.