Public Participation and Its Limits -法搜-中国法律信息搜索网

　　
　　C. Hearing in rule-making process
　　
　　The Law on Legislation provides that in making laws and administrative regulations, legislative bodies should “socialite opinions and comments from the public through symposiums, hearing, or other channels…" However, the law says nothing with respect to how a symposium or a hearing should be organized or conducted. The State Council, soon after the enactment of the Law on Legislation, issued a notice on implementing the law, but again keeps silence in how a hearing procedure should be constituted. As result, the general promise of public participation in rule-making process to a practical extent remains inspirational.
　　
　　Nevertheless, soon after the enactment of Legislation Law, Shenzhen local people’s congress standing committee passed the first procedural regulation governing public hearing in rulemaking context, and experimented with hearing in rulemaking process for the first time on November 28, 2000. After the encouraging experiments in Shenzhen, a similar rule was soon formulated by Guangxi Autonomous Region government on Oct. 11, 2000, providing the scope for application of hearing, qualifications and amounts of participants, and procedures for processing arguments and opinions offered in hearing. The active experiments of public hearing have once again shown a notable fact that, quite contrary to what had been widely believed, the law reform in China has been to a large extent advanced through a "bottom-up" way.
　　
　　D. Experiments of hearing in other adjudicatory processes
　　
　　In addition to punishment-imposing and price-setting processes, in other administrative decision-making process, such as regulatory processes relating to license-issuing, government supervision over individuals, hearing procedures have also been employed. Below are some examples:[5]
　　
　　1.　 In Oct. 1999, the National Committee on Economics and Trade issued a rule for hearing procedure in investigating industry damages caused by dumped or subsided export products. According to the rule, in investigating antidumping or countervailing cases, hearing procedures shall be followed.