On The Perfection Of The Administrative Hearing System

Administrative decision-making related to the basic livelihood of the people, is in dire need of citizens' supervision. Decision-making has its own special mode of operation, in practice, it is difficult to effectively regulate supervision. The vigorous growth of the theory of deliberative democracy has laid a cornerstone for us to achieve the democratization, rule of law and science of administrative decision-making, its essence is the legitimacy of the decision-making, which will be achieved by free, equal citizens' dialogue, discussion and examining of every related reasons in public consultation process. In accordance with the democratic theory, the government's administrative decision-making should be included in the domain of the administrative law, in order to adapt to the trend of administrative democratization. The applying of hearing system in decision-making process provided a platform for consultation, but also an effective supervision over the acts of arbitrary decision-making.Presently, in the building of China's socialist democratic politics, the study of deliberative democracy has just begun. As one of China's paths of democratic theory, deliberative democracy theory can be applied not only to the administrative areas of democracy, in our unique system of political consultation and local democratic practice, it also has wide space of application, so the research has great significance. And the democratic and scientific trends of administrative decision-making inevitably demands the executive decision-making rule of law, administrative decision-making hearing system is closely related to the promotion of the executive administration according to the law, and the goal of building the rule of law and democratic Government, to a fundamental sense, it is the basic needs to protect citizens' participatory, information, expression and supervision rights. Introduced in 2008, "the State Council on strengthening the administration of the city government decided in accordance with the law," pointed out that the city government to improve administrative decision-making mechanism: to improve decision-making to listen to the views of major administrative systems, the implementation of a major executive decision-making hearing system, the establishment of a major review of the legality of executive decision-making system the establishment of a major executive decision-making after the implementation of evaluation system, the establishment of system of accountability for administrative decision-making. Through the consultation of citizens, to participate in major decision making, which can effectively resolve the crisis in the legalization of the decision-making and enhance public recognition of support. Deliberative Democracy in accordance with the emphasis on rational citizens to participate in dialogue and equal consultation, exchange of the spiritual essence of prudence in order to build the Government to build the rule of law, democratic government, to serve as the target, to improve administrative decision-making hearing system in our country have made a strong bid to cultivate the interests of independent delegation hearing body to participate in administrative decision-making, the formation of an open selection of the administrative decision-making expert mode, to improve administrative decision-making process of public hearings, and improve decision-making of administrative hearings, such as optimization of the proposed relief. Administrative law to the method of decision-making and broaden the traditional research fields of administrative law, administrative regulations will extend the scope of administrative acts on the pre-made, that is, when the administrative decision-making and limited to the hearing system of procedural constraints, which is a new attempt.The paper is to apply the new consensus emerging democratic theory to the process of administrative decision-making, take the basic theory of free constitutional democracy as the deductive path , pay attention to the use of the basic concepts and evaluation of the democratic theory to reflect and judge the decision-making behavior, propose by the statutory administrative procedures (mainly refers to the hearing system) to ensure scientific and democratic decision-making, justification for its legalization, thereby reduce the risks in decision-making, at the same time protect citizens' rights to information, expression, participation and supervision. Another level, introducing the hearing procedures in the administrative decision-making, regulating the acts of arbitrary decision-making by the statutory administrative procedures, in order to adapt to the trend of the Chief of democratization, requires the administrative law, administrative science, political science disciplines, and so on, to perform feasibility studies, comprehensive multi-disciplinary application of knowledge is also a novelty of this article.This paper altogether divides into three parts: the introduction, body, and conclusion. Main content as follows:Introduction. That part of this paper put forward a brief background and the topics to be explored.The body. The body is composed of three parts. The first part introduced the various theories of democracy-related issues and explored the theory of the consensus sequence of the essence of democracy. The second part is main to analyze the relate problem of hearing procedures in administrative law, and the reasonable inherence to introduce the hearing procedures in the administrative decision-making. The third part firstly pointed out the weak points of the hearing system of administrative decision-making at the present in our country, and then make up its deficiency and build a preliminary design.Conclusion part of this article is a brief summary of the main content and put forward the trends and prospects of relate problem for the further study.