Research On The Legal Force Of The Hearing Record In Administration License

Hearing system is one of the core systems of modern administrative procedural law.Hearing record is the objective record of the entire hearing activity,and the legal force of the record is the core issue in the hearing system.According to Article 48,Paragraph 2 of Chinese Administrative License Law,the administrative agency shall make administrative licensing decisions in accordance with hearing record.This is the first time that Chinese legislation clearly stipulate the legal force of hearing record.However,the provision itself is still ambiguous.This dissertation is trying to organize and analyze the legislative materials and relevant judicial precedents,and research on the interpretation and application of Article 48,Paragraph 2 of Administrative License Law.This dissertation first introduces the current researches on the legal force of hearing record and points out that the existing researches stays at the theoretical stage.Research on Chinese judicial practice is rarely seen in such field.Thus,this dissertation researches on the relevant precedents and summarizes the legal force of hearing record in administrative license in the judicial practice from two aspects,the positive significance and the negative significances.