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何谓听证?其实,听者,听取意见,证者.在听取意见的基础上论证、证明该不该作决定或该作何种决定。因此,听是为了证,证是为了用。《行政许可法》明确规定:听证要制作听证笔录,听证笔录要作为作出许可决定的根据,其意即在于避免听证成为一种形式而使其真正起到作用。其实,真正能够使听证起作用的还是听证程序。这对于我们这样一个缺少程序这种制度资源的国度来说尤其重要。
What is a Hearing? In fact, the listener, who listens to opinions and testifies, proves on the basis of the opinion that it should not be decided or what kind of decision should be made. Therefore, to listen to is the card, the card is for use. The Law on Administrative Licensing clearly stipulates that a hearing record shall be made of the hearing and the transcripts of the hearing shall be taken as the basis for making the decision of permission. That is, the intention is to prevent the hearing from becoming a formality and to make it truly function. Actually, what really can make the hearing work is the hearing procedure. This is particularly important for a country like ours lacking the institutional resources of a process.