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The Current Situation And Optimization Of Administrative Decision-making Hearing System

Posted on:2012-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:X M ShiFull Text:PDF
GTID:2216330368489790Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative decision-making hearing system has half a century's history in the western world. So the system is mature and perfect not only in theory but also in practice. Administrative decision-making hearing system is based on the natural justice principles of England and the principle of due process of America. Continental law system countries have introduced the hearing system based on the theories of rule of law and administration according to law. Our country has also introduced some rules from this system and has established administrative punishment hearing system and the administrative licensing hearing system, which promotes the legalization of our country greatly. Adminitrative decision-making hearing system is also very important for rule of law and administration according to law. Administrative decision-making hearing system is in favour of the realization of social justice; in favour of communication between administrative organs and the public; in favour of administrative decision-making acceptability and scientific;in favour of improving administrative efficiency; and in favour of administrative behavior self legalized. Although we have began to use the hearing system in some fields of the administrative decision-making, for example of price decision-making hearing, the scope is narrow. Our country has turned the hearing system in important administrative decision-making and enlarge the hearing scope to all the administrative decision-making that involes major public interests and major interests of people.The second part of my paper studies on the scope of the administrative decision-making system and analyses the current situation in the aspects of principles and standards,which confirms the scope of the administrative decision-making system. At the same time I have made the empirical analysis of the administrative decision-making system on the aspects of hearig subject, patterns and effectiveness in the third part. Firstly, there exists four kinds of problems in hearing representatives:the way of choosing hearing representatives is not clear and definite; the standards of choice are not clear; the process is not open and transparent; the composition of representatives is not reasonable. Secondly, the hearing hosts lack neutrality and independence, which inflences the fairness of hearing system. Thirdly, the informal hearing is not in favour of protecting the interests related. At the last the hearing effectiveness should be further enhanced. For these problems I have given some suggestions in the last part. At the first I think all the administrative decision-making involving major public interests and major interests of people should be heard, and I also give some situations of exception. At the second I give some suggestions to how to regulate the hearing host and how to choose hearing repesentatives reasonably. At last I give my own opinions to how to improve the effectiveness of hearing. I think the hearing record should be the only thing to reach a conclusion on a case in a formal hearing. And in unformal hearing the administrative organs should give some reasons if they don't reach a conclusion according to the hearing record. I also think we should establish supervision mechanism and remedy mechanism of administrative decision-making system.
Keywords/Search Tags:Administrative decision-making hearing, Formal hearing, Informal hearing, Hearing host, Hearing record
PDF Full Text Request
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