行政立法听证功能探究

Analysis on the Functions of Administrative Legislative Hearing

行政法规规章作为社会规则,其实质是对利益进行权威性分配,对社会的影响力巨大。行政立法听证作为体现程序正义的一项制度设计,其功能价值有待学术界做进一步探究。笔者认为,行政立法听证对于举办听证的立法者与听证参与人既具有公平功能又具有效率功能,但这些功能并未转化为行动力量。笔者认为行政立法听证针对不同的主体具有不同性质的功能,正因为如此,在资源、目标、人性、效率的约束条件之下,听证的举行对于不同主体而言意义大不相同。制度选择应在公平与效率之间进行考量,并应在理念与制度上以"保障公民参与权"为本位予以树立和建设。

As a kind of rules of society, administrative regulation is the authoritative distribution of social interests, with enormous social influence. The administrative legislation hearing as the embodiment of procedural justice, needs to be explored further. The authors think, the administrative legislation hearing has both fair function and efficiency function to both lawmakers and the hearing participants, but the function has not become action force to a great extent. The administrative legislation hearing according to the different subjects has different function, because of this, under the constraints in resources, target, human nature and efficiency, hearing has diffevent meanings for different subjects. The system should be considered in the choice between fairness and efficiency, and should be set up on the rights of citizen participation.