On Our Country's Administrative Hearing System And Consummation

The hearing system is the soul of the Administration procedural laws. As the result of the modern democratic politics, it has played an increasingly important role in the political life of the state. It is very important for us to research the hearing system. The hearing system steps from the ancient principle of the natural justice, which is the continuation of the human rights in administrative area. In the year 1964, the American government promulgated and implemented the Administration procedural laws and for the first time, the administrative hearing system had been clearly stipulated in the written form. As the important form that the relative person participate administrative procedure, it has deep legal origin and the important legal value. Since the opening up and reform in the late 1970s, China began to construct a society ruled by law. Under this general background, the system has gone through a rapid yet steady development in the democratic political process since it was brought in the late 1980s. However, the hearing system is a foreign and new thing in China. Due to the slow start of our country's contemporary law system development, the imperfect understanding of the law theory, the people's late awareness and superficial understanding of the importance about the hearing system, some problems occur during its implementation, for instance, the administrative hearing legislation flaw, the narrow hearing scope, the realistic condition was separated from hearing essence and so on. These problems violate the hearing system essence, lead to the incomplete manifestation of the original intention of the hearing system. In order to solve the above problems, we should try to strength the administrative procedure idea, perfect our administrative law as well as the correlation necessary measure. Although it takes the hearing system a rather long period of time to fit in the Chinese society and political system, the reality of the fast social development requires it to speed up its growth and maturity. The hearing system, whose effect on the social development has already aroused the general attention from the society, should be developed in a more justified and effective direction .In addition, we should make big efforts in reforming the present system, turning around the negative concepts as well as promoting its development.