地方立法听证存在的问题及完善对策

Problems in the Local Legislative Hearing and its Countermeasures

立法听证是立法主体在立法活动中,就某项社会问题是否需要立法解决,广泛征求社会各界人士对这一问题的看法,目的是科学民主立法,立法听证制度的实施,有利于我国新时代民主法治建设,然而我国在地方立法听证方面还存在着听证缺乏立法依据,没有明确的程序性规定;立法听证的范围没有明确规定;听证参加人的范围、听证参加人的权利和义务规定不明确;听证结果的法律效力不够明确;地方立法听证的作用与监督机制尚不完善等问题。

Legislation hearing is a legislative process according to which the legislative subject widely solicit comments from the public and then decide whether a social problem calls for legal regulations.The purpose of legislative hearing is to assure the rationality and democracy,which is also meaningful to the law construction of China in this new era.However,by now,the proceeding of legislative hearing is still facing the difficulties such as lack of legislation basis,unclear regulations of the legislative procedure,scope,“hearing persons”and their rights and duties.Besides,the legal effect of legislation hearing has not been proven and the relative supervisery mechanism has not been established.