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Discuss The Administrative Hearing System Of China And Perfection

Posted on:2012-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:K LiFull Text:PDF
GTID:2216330362957592Subject:Law
Abstract/Summary:PDF Full Text Request
How to limit the abuse of public power,ensure the lawful rights and interests of citizens to avoid administrative power infringement,finally realize legal justice is Connotation requirements of Modern rule-of-law nation.As the soul core of Administrative procedural law,administrative hearing system not only reflect the respect of the citizen rights and interests,but respect for the law. Fair legal system contains two aspects:Entity justice. This is also said before about the citizen rights and interests protection;Procedure justice,for substantive justice provid procedure protection.Perfect administrative hearing system make supervision of administrative power effective,enhance the administrative transparency,save the administrative costs,enhance the whole society of rule of law consciousness, eventually promote legalization process.The administrative hearing system into China due to late, therefore there are many defects in the system,this is also need to research and worth studying place. Through comparing the rule of the mature system developed countries design,mainly reflects in hearing range of stricture,the host choice unreasonable, The lack of public hearings consciousness, etc. Want to solve these problems can not be solved overnight finished. First should from the legislation, clear administrative hearing system of legal status, give administrative hearing system of legal effect; Secondly in operation, strictly abide by the provisions of the relevant laws, ensure that each hearing link embodies the principle of impartiality, after the meeting administrative organs shall be made according to the administrative rulings, hearing conclusion formalism make not hearing; Finally reflected in the public hearings consciousness increased, let people understand the procedural justice is the substantive justice prerequisite. Only the general public participate actively in the our country hearing career, will let administrative power effectively constraint, play hearing proper role, to realize administrative, democracy and the rule of law.This paper will be divided into three big chapters, of administrative hearing system were theoretically overview, our administrative hearing system present situation and its defects, perfect our country's administrative hearing system of some thoughts.
Keywords/Search Tags:administrative hearing system, justice, administrative power, civil rights
PDF Full Text Request
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