试论立法听证的论辩性—─以重庆市立法听证为例

我国地方人大立法与西方议会立法不同,基本上是抽象行为的立法,其立法听证的核心和灵魂在于论辩性。论辩性也是我国立法听证区别于座谈会、论证会等其他传统的立法民主形式的主要特点。提高立法听证会论辩性要从听证议题的可辩性、双方陈述人的人数、陈述能力,以及陈述的时间、机会的对等性等方面来保障。

On the Deliberativity of Legislative Hearing:Taking the Legislative Hearing in Chongqing as an Example

The legislation by local people's congress in China is different from the parliamentary legislation in the West.It's mainly the legislation through abstract conducts,and the core of the legislative hearing lies in its deliberativity.Deliberativity is also the chief attribute that makes the legislative hearing differ from conversazione,demonstrating meeting and other traditional democratic ways of legislation.The deliberativity of the legislative hearing should be guaranteed by the deliberativity of the hearing topics and the equity of the number of representatives,the capacity of representatives,and the time and opportunity to give representations of the both sides.