In Terms Of Public Hearing And Perfect The Route

The public hearing has already become a common system of having much important meanings of administrative procedure laws of various countries at present. Our country "administrative penalty law" that issue lead into hearing procedure begin formally 1996, the hearing has already become a kind of indispensable means to improve administrative ability. The hearing activity has already begun to enter into the broad masses of the people's life progressively. Never know the hearing gets the hearing of participating in, it brings the public's idea of participating in legal construction to improve; from the hearing of holding to designing the system to ensure for the hearing, it has reflected the democracy of our country is promoted to high level. For a long time, many government departments get used to closing decision , does not allow common people to doubt; The hearing, as listening to a way and procedure on the social suggestion, will change this kind of state. Even so, hearing procedure is it at primary stage also to use in China, hearing to provide one chance, expression of suggestion for citizen also, might not influence course and result that the policy and law are made. With introduction of the hearing, how to expand and perfect the system of hearing of our country, in order to supervise the enforcement of administrative power, become the focus that the various circles of society are paying close attention to.This text changes leather into the background in China's political, economic , social field, everything proceeds from the reality with Marx, fact Seeking Truth thought route and the Deng Xiaoping Theory, have the important in 'Three Represents' Jiang Zemin thought, the Hu Jintao scientific development view, as guidance of, is it standardize analytic approach , document analytic approach ,etc. relevant theory means start with from hearing certainty and rationality that system produce to use, analyze current situation and reason of production of question these ,attempt through is it is it analyze and solve breach and countermeasure of problem of these to find to analyze. This text, according to the thinking of "proposing the problem, analyzing the problem, solving the problem", divided into four parts:The first part of the article has put forward different countries , scholar to different understanding holding court at first, point out this text involves the basic conception that Public Hearing ; Secondly, the formulation , development and course of introducing and launching in our country of the system that have discussed and held court.Have discussed our country introduce the certainty and rationality of the hearing system with the second part of the article, on one hand has recommended our country to introduce the social macroscopically background of the hearing system, have explained on the other hand our country introduces the realistic meaning of the hearing system.The third part of the article has proposed the limitation of several respects of the system of hearing of our country emphatically: ?The citizen participates in the limitation that public hearing ; ?Limitation of the hearing procedure ; ?Relieve the limitation of the respect, making one's own analysis about appearance of every kind of limitation and understanding in interests.The fourth part of the article and the third part are key contents of the full text in the lump, to several question that previous part appear, this text this part direct against every kind of question, put forward corresponding countermeasure think , including① expand the scope of application of the hearing further one by one; ② Range expanding the hearing and participating in people further; ③Establish and improve system of hearing host; ④Confirm the effect put down in hearing; ⑤Give the decision effect with real hearing; ?Perfect the open information system, ensure the realization of the hearing right; ⑦Perfect relevant relief systems.The innovation of this text shows: Proceed from macroscopically aspect of the society at first, has analyzed, probed into the social certainty that the system produces of public hearing, and according to hold court function and realistic...