立法听证效果评估
发布时间：2019-01-08 21:26
【摘要】： 立法听证是立法主体在立法活动中,进行有关涉及到公民、法人或其他组织的权益的立法时,给予利害关系人发表意见的机会,由立法主体听取意见的程序的法律制度。虽然我国立法听证制度已经经过近十年的发展,在制度建设和实践操作层面上都有了长足的发展,然而总体上讲,立法听证制度在我国还是处于研究探索阶段,有很多的问题有待于完善和解决。本文的立法听证效果评估研究就是基于上述的思考,希望通过对对立法听证实际运作进行评估,以发现目前我国立法听证制度的不足和缺陷。 立法听证效果评估即是运用一定的原理和指标体系,对照一定的标准,按照一定的程序,对立法听证制度或者某一次立法听证会所取得的效果与预定目标相比较,做出客观、公正和准确的综合评判。鉴于立法听证的重要性和目前存在的缺陷性,立法听证效果评估就有了存在的必要性。 立法听证的应然效果就是立法听证所欲达成的目标和效果。文章从我国引进立法听证制度的初衷分析得出我国立法听证所欲取得的应然效果,即立法科学性民主性和立法经济性,并以听证的进行为主线为应然效果的实现设计了一套指标体系,从听证范围的确定、听证工作方案、听证公告的发布、听证主持人的选择、听证陈述人的遴选、听证过程、听证报告等方面为听证效果评估设定了具体的指标。 立法听证实然效果希望能通过听证实际运作与指标体系的比较,发现我国立法听证实际运作中的不足,比如听证范围的确定随意、缺乏统筹性,听证公告的发布时间、内容和方式存在缺陷,陈述人代表性不足,听证过程辩论缺失,听证报告效力不足等问题。 造成立法听证如此实然效果的原因是多方面的,包括我国民主意识缺失、立法权力配置不均衡、立法听证规则设计不合理等方面。在对这些原因进行深层次分析的基础上,对我国立法听证制度的构建提出建议,即:培育民主意识、合理配置立法权、完善立法听证规则。 立法听证效果评估不仅是立法听证制度的延伸和继续,也是立法过程的延伸与继续,是立法民主化和公众参与立法的需要,通过对其研究可以检验和发展已有的立法理论,使立法程序、立法技术等相关理论更加完善。而其实践意义在于:通过对立法听证效果进行评估发现实践操作上的不足之处,为今后的立法听证实践提供更好的模式,使所立之法更好的体现各个群体的利益,成为真正的良法。
[Abstract]:Legislative hearing is a legal system in which the main body of legislation carries out legislation concerning the rights and interests of citizens, legal persons or other organizations, giving interested parties the opportunity to express their opinions, and the procedure of hearing opinions by the main body of legislation. Although the legislative hearing system of our country has been developing for nearly ten years, it has made great progress in the level of system construction and practice and operation, but on the whole, the system of legislative hearing is still in the stage of research and exploration in our country. There are many problems to be improved and solved. The purpose of this paper is to evaluate the effect of the legislative hearing on the basis of the above thinking, hoping to evaluate the actual operation of the legislative hearing in order to find out the deficiencies and defects of the current legislative hearing system in our country. The evaluation of the effect of the legislative hearing is to use certain principles and index system, compare the effect of the legislative hearing system or a certain legislative hearing with the predetermined target, and objectively compare the effect of the legislative hearing system or a certain legislative hearing with the predetermined target, in accordance with certain standards, according to certain procedures. A fair and accurate comprehensive judgment. In view of the importance and defect of legislative hearing, it is necessary to evaluate the effect of legislative hearing. The necessary effect of the legislative hearing is the goal and effect of the legislative hearing. Based on the analysis of the original intention of introducing the legislative hearing system in our country, this paper draws the conclusion that the legislative hearing should achieve the desired effect, that is, the scientific and democratic nature of the legislation and the economy of the legislation. A set of index system is designed for the realization of the supposed effect with the main line of the hearing, from the determination of the hearing scope, the work plan of the hearing, the publication of the hearing announcement, the selection of the hearing moderator, the selection of the hearing presenters, the hearing process. Hearing reports and other aspects for the hearing effect evaluation set specific indicators. The legislative hearing proves that the effect of the hearing is expected to be compared with the actual operation of the hearing system, and to find out the deficiencies in the actual operation of the legislative hearing in our country, such as the arbitrary determination of the scope of the hearing, the lack of overall planning, and the release time of the public notice of the hearing. There are defects in contents and methods, inadequate representation of declarators, lack of debate in the hearing process, insufficient effectiveness of hearing reports, and so on. There are many reasons for the actual effect of the legislative hearing, including the lack of democratic consciousness in our country, the imbalance in the allocation of legislative power, the unreasonable design of the rules of legislative hearing, and so on. On the basis of the deep analysis of these reasons, this paper puts forward some suggestions on the construction of our country's legislative hearing system, that is, cultivating democratic consciousness, allocating legislative power reasonably, and perfecting the rules of legislative hearing. The evaluation of the legislative hearing effect is not only the extension and continuation of the legislative hearing system, but also the extension and continuation of the legislative process. It is the need of the democratization of legislation and the participation of the public in the legislation. Through its research, the existing legislative theories can be tested and developed. Make legislative procedure, legislative technology and other related theories more perfect. Its practical significance lies in: through the evaluation of the effect of the legislative hearing to find out the shortcomings of the practice, to provide a better model for the future legislative hearing practice, so that the law better reflect the interests of each group. Be the real law.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
本文编号：2405142
[Abstract]:Legislative hearing is a legal system in which the main body of legislation carries out legislation concerning the rights and interests of citizens, legal persons or other organizations, giving interested parties the opportunity to express their opinions, and the procedure of hearing opinions by the main body of legislation. Although the legislative hearing system of our country has been developing for nearly ten years, it has made great progress in the level of system construction and practice and operation, but on the whole, the system of legislative hearing is still in the stage of research and exploration in our country. There are many problems to be improved and solved. The purpose of this paper is to evaluate the effect of the legislative hearing on the basis of the above thinking, hoping to evaluate the actual operation of the legislative hearing in order to find out the deficiencies and defects of the current legislative hearing system in our country. The evaluation of the effect of the legislative hearing is to use certain principles and index system, compare the effect of the legislative hearing system or a certain legislative hearing with the predetermined target, and objectively compare the effect of the legislative hearing system or a certain legislative hearing with the predetermined target, in accordance with certain standards, according to certain procedures. A fair and accurate comprehensive judgment. In view of the importance and defect of legislative hearing, it is necessary to evaluate the effect of legislative hearing. The necessary effect of the legislative hearing is the goal and effect of the legislative hearing. Based on the analysis of the original intention of introducing the legislative hearing system in our country, this paper draws the conclusion that the legislative hearing should achieve the desired effect, that is, the scientific and democratic nature of the legislation and the economy of the legislation. A set of index system is designed for the realization of the supposed effect with the main line of the hearing, from the determination of the hearing scope, the work plan of the hearing, the publication of the hearing announcement, the selection of the hearing moderator, the selection of the hearing presenters, the hearing process. Hearing reports and other aspects for the hearing effect evaluation set specific indicators. The legislative hearing proves that the effect of the hearing is expected to be compared with the actual operation of the hearing system, and to find out the deficiencies in the actual operation of the legislative hearing in our country, such as the arbitrary determination of the scope of the hearing, the lack of overall planning, and the release time of the public notice of the hearing. There are defects in contents and methods, inadequate representation of declarators, lack of debate in the hearing process, insufficient effectiveness of hearing reports, and so on. There are many reasons for the actual effect of the legislative hearing, including the lack of democratic consciousness in our country, the imbalance in the allocation of legislative power, the unreasonable design of the rules of legislative hearing, and so on. On the basis of the deep analysis of these reasons, this paper puts forward some suggestions on the construction of our country's legislative hearing system, that is, cultivating democratic consciousness, allocating legislative power reasonably, and perfecting the rules of legislative hearing. The evaluation of the legislative hearing effect is not only the extension and continuation of the legislative hearing system, but also the extension and continuation of the legislative process. It is the need of the democratization of legislation and the participation of the public in the legislation. Through its research, the existing legislative theories can be tested and developed. Make legislative procedure, legislative technology and other related theories more perfect. Its practical significance lies in: through the evaluation of the effect of the legislative hearing to find out the shortcomings of the practice, to provide a better model for the future legislative hearing practice, so that the law better reflect the interests of each group. Be the real law.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
【引证文献】
相关期刊论文 前1条
1 苏黎兰;张紫薇;张志;;基于定量分析的立法后评估方法[J];理论月刊;2012年03期
相关硕士学位论文 前2条
1 钱畅;我国地方立法听证参加人制度研究[D];华东政法大学;2012年
2 孙慧英;我国听证制度建设研究[D];南京师范大学;2012年
，本文编号：2405142
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2405142.html
