听证源于英美普通法上的“自然公正”原则,原意为应听取对立双方当事人意见,后发展成为听证制度并运用于司法程序。20世纪80年代起始,听证被作为一项制度或者程序在我国行政、立法和司法领域被引入和运用。这是一个崭新的法律课题,尤其是司法诉讼审理过程中的具体适用,无论是法学理论方面的论述,还是审判实践中的探索,都还十分缺少。中国正逐步实现并建立起透明、 The hearing originated from the principle of “natural justice ” in the common law of Britain and the United States. The original intention was to hear the opinions of the parties opposing each other and develop into a hearing system and apply it to judicial proceedings. From the beginning of the 1980s, hearings were introduced and applied as a system or procedure in the administrative, legislative and judicial fields of our country. This is a brand new legal topic, especially the concrete application in judicial proceedings. Whether it is an argument in legal theory or an exploration in trial practice, it is still very scarce. China is gradually realizing and establishing a transparent,