关键词: 听证制度, 立法听证, 公众参与, 正当法律程序, 程序正义, 听证规则

Abstract: The hearing system comes from Due process of law in U.S.A，and it absorbed the value of deliberative democracy，then entered the legislative field. The system is growing so fast in China that even the hearing appeared on the Internet. But with a lag of Chinese inherent political and cultural tradition and the backward of commodity economy in China，the legislation hearing system of China has many inherent problems. With elite politics for long time and the misguided public participation in recent decades，moreover the prevalence of instrumentalism of the legislation hearing system，the system got into trouble in China. As a cornerstone of rule of law，the justice of the procedure can cause the transition that from the government-dominated authority to ration. The idea of process embodies the independent value in the legislation hearing process and promotes the result of rational choice，while it establishes the negotiate rules. When the idea of process is being deepen and broaden，a perfect accordant legislation hearing rule will appear.

Key words: hearing system, legislation hearing, public participation, due process of law, justice of the procedure, hearing rules