论文部分内容阅读
目前听证制度及其实践的缺陷可以归结为一点,就是对公民表达权的重视不够、保障不足。听证制度的基本定位应为以民主表达为主,以科学决策为辅。涉及公民重大切身利益或者引发社会严重分歧的立法事项,应当举行听证。利害关系人都有参加或者推选代表参加听证会的权利。听证陈述人应有权参与确定听证议题,彼此之间可以围绕议题展开充分的论辩。就立法型听证而言,听证意见虽不宜作为公共决策的依据,但是应得到认真考虑和负责任地回应。
At present, the defects of the hearing system and its practice can be summed up as follows: the inadequate attention paid to citizens’ right of expression and insufficient protection. The basic orientation of the hearing system should be based on democratic expression, supplemented by scientific decision-making. Hearings shall be held on the legislative matters that involve major vital interests of the citizens or cause serious disagreements in the society. Stakeholders have the right to attend or elect a representative to attend a hearing. Hearing testers should have the right to be involved in determining the subject of the hearing and to fully debate each other’s issues. In terms of legislative hearings, the opinions of the hearing should not be used as the basis for public decision-making, but should be given due consideration and responsibly.