Administrative Decision Hearing Procedure Legitimacy Study

With the deepening of China’s administrative reform and advancing the aspirations of the citizens to participate in administrative decision-making is growing, the introduction of the administrative hearing in a timely manner has responded to this appeal, the administrative decision of citizens to participate in a reliable way. But the concrete implementation of the administrative hearing process, often there will be a variety of issues, the executive decision-making becomes a "mere formality" of the hearing, the formalism hearing show, which seriously distort the function of the administrative hearing system blow to the enthusiasm of citizen participation in decision-making, and reduce the expectations of the public administrative hearing system. The reasons for these problems may be hearing the organizers of the operational errors of the executive concept changes in a timely manner, it may be the social lack of awareness or misunderstanding of the parties to the administrative hearing system. Its root, the paper considered to be a problem due to the legitimacy of the administrative hearing procedures, resulting in the hearing process away from justice. Start from the point of view of procedural justice, in-depth Analysis of the nature of the administrative hearing system that the intention of the administrative hearing is the purpose of talking about the formation of public interest through rational and thus achieve the administrative decision-making powers of regulation.This article is divided into four parts:The first part introduces the research background of this paper is the introduction, the research status of the administrative hearing, the ideas and methods of this study. The second part explores the origin and development of the administrative hearing system, defined on the object of this paper-the meaning of the administrative hearing system, and thus on the nature and function of the administrative hearing system. The third part explores the legitimacy of the administrative hearing procedures on the basis of analyzing the theories of procedural justice. The fourth part presents some basic principles to protect the legitimacy of the administrative hearing process.