Reflection And Reconstruction Of The Administrative Hearing System

After 20th century, the executive power expansion becomes the most noticeable phenomenon in the administrative field. Along with administrative country starting, the executive power inflates day by day, the administrative organ abuses authority, violates legitimate rights and interests of citizen and influences society efficiency seriously day by day. Through beforehand, the exterior procedure control, the need of administration authority is intense day by day. At the same time, the citizen exercises the democratic right and carries on the political participation the demand call gradually to be also high. Citizen' s already no longer satisfied in being administrative object, but requested to participate in making administrative decision and strategy directly. Therefore, It becomes problem which must be solved in the modern administration procedural law that how enhances the administrative efficiency, safeguards and restricts administration authority, and how protects the administrative relative person' s right. Especially When the administrative organ has encroached upon the administrative relative person' s legitimate rights and interests, the citizen should use another way to protect themselves except through the afterwards relief is namely the administrative proceedings way, the modern administration procedural law also should establish one kind of procedure to guarantee the relative person to exercise in the authority process in the administrative organ to be able to defend own legitimate rights and interests and this relief way in anticipation was initiating in the present legal science and legal practice field .Thereupon, then administrative hearing system arises as the modern administration procedure core at the historic moment. For regulations of administration authority, the safeguard administration democracy fairy, the various countries formulate the administrative procedural law in order to control the administrative authority abusing and safeguard administration relative person' s rights and interests. US has formulated 《Federation Administration Procedural law》 basing on the provision "the right legal proceeding" in 1946. It had explicitly stipulated administrative organ' s hearing duty and the litigant enjoy the...