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Study On Administrative Decision-making Hearing System In Our Country

Posted on:2011-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:J B SuFull Text:PDF
GTID:2166360332956689Subject:Law
Abstract/Summary:Request the full-text of this thesis
Administrative decision-making hearing system refers to a procedural law system that a major administrative decision, which will affect legitimate rights and interests of most citizens, legal persons or other interest parties, is ought to be made by administrative organs after collecting suggestions of interest parties, public society and relevant experts, so as to bring out a scientific, democratic and standard decision, and to guarantee political participation of the public. Administrative decision-making hearing system is a historic achievement of exploration in administrative decision-making field; besides, it is a crucial component to complete administrative decision-making mechanism, perfect administrative decision-making process, avoid arbitrary decision, and establish and perfect the supervision mechanism. With great care from the party and government, administrative hearing system, since introduced into China, has shown flourishing development trend in our country, however, it is still a new thing in our country, with many symbolic ingredients unsatisfactory parts. Comprehensive analysis of this system, solving problems in its developing procedures, taking its functions into plays practically and effectively, and making scientific, democratic and standardized administrative decision are of great importance to promote the development of Chinese administrative decision-making system. And this thesis is divided into four parts:In first part, it is general information of administrative decision-making hearing system, discussing the meaning of administrative decision-making hearing system. In this paper, it is argued that the administrative decision-making hearing system refers to a procedural law system that a major administrative decision, which will affect legitimate rights and interests of most citizens, legal persons or other interest parties, is ought to be made by administrative organs after collecting suggestions of interest parties, public society and relevant experts, so as to bring out a scientific, democratic and standard decision, and to guarantee political participation of the public. Besides, the author analyzes purpose of establishing hearing system of administrative decision: balancing the expression of the various aspects on benefit claim; pursuing fair administrative process and preventing arbitrary; moderating political controversy and safeguarding social stability. The administrative decision-making hearing system is functioned as decisiveness and consultation. Considering the strictness and complexity level of the procedures, the hearing can be divided into the formal hearing and informal hearing.The second part, the author discusses the present situation of administrative decision-making hearing system in our country, reviews development of administrative decision-making hearing system, from it first introduced into China in the administrative areas, officially brought into administrative decision-making field, expansion of its application field, and carried out in the significant administrative decision-making, etc. and evaluates the current administrative decision-making hearing system, which initially improves the democratization degree, transparency and justice, and scientificalness of administrative decision.In third part, problems in administrative decision-making hearing system and the causes are analyzed with empirical analysis method. Hearing System of Traffic Fee Standards of Loan-constructed City Road, Bridge and Tunnel in Wuhan is taken as an example to analyze some problems in our administrative decision-making hearing system, like low transparency, shortage of representative participants, lack of integrity, asymmetry of hearing information etc, which limits full display of its functions. And the author thoroughly discusses the causes, which is mainly embodied in operating environment: outdated legal idea of attaching much more importance to entity than procedure; lagged-behind reform political administration system; lack of procedure rules in hearing system construction; and unreasonable selecting mechanism of participants etc.In fourth part, the author attempts to bring out some suggestions to perfect the administrative decision-making hearing system in our country. 1. Establishing unified administrative hearing rules; 2.Moderately expanding applicable scope of administrative decision-making hearing system; 3.Raising its transparency; 4.Improving the quality of administrative decision makers; 5.Strengthening citizen's democratic consciousness to participate in administrative decision -making; 6.Establishing relevant responsibility system; 7.Establishing relief system of administrative decision-making hearing;...
Keywords/Search Tags:Administrative Decision-making, Hearing System, Legal Procedures, Suggestions
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