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The Research Of Administrative Hearing Procedure

Posted on:2004-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:J LaiFull Text:PDF
GTID:2156360122966215Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative procedure is the most elementary procedure to perform administrative power impartially. It is regarded as the main sign of modem administration. The project on the codifying of administrative procedure has been scheduled by National People's Congress. Administrative hearing which is the most important one in administrative procedure has a history of several decades in western countries. The theory studying of hearing system has been quite developed in western countries, but in our country, it still keeps weak. To cooperate with the legislation need of administrative procedure, the theory studying in this field should be strengthened. It is the first time that hearing procedure was grafted into China in 1996. There are many difficulties when the administrative hearing procedure was earned out into practice, and its functions don't achieve to the result which had been expected. For these reasons, the author has chosen "The Research of Administrative Hearing Procedure" as the title of his master article, aiming to perfect our country's administrative hearing system by making comparison research between Chinese and some western representative countries' administrative hearing procedure.The whole thesis includes three parts with 30000 words approximately.Part One: The Exploration of the Fundamental Theory of Hearing Procedure. Firstly, the paper tells us the essential concept ,kinds, functions and characters of administrative procedure. Hearing is the core of the just procedure, whose essential meaning is to listen to the views of the parties. As a kind of procedural system, it is staged, semi-judicial, part, and procedural and so on. Secondly, the foundation of legal theories and the values of administrative hearing procedure which are justiceand efficiency are introduced. Hearing procedure stems from "natural justice" in Britain and "due process of law" in America. The values of administrative hearing procedure are justice and efficiency, and the seeking value goal is "Justice first. efficiency second". Thirdly, the paper briefly introduced the essential principles of all kinds of views about hearing procedure, and the different classifiers of administrative hearing. Finally, the development history of hearing procedure is introduced. As a result of the constant expansion of administrative power, hearing has been used in administrative field. Due to the shortage of democracy and scientific legality condition, the real administrative hearing system could not be produced in ancient China.Part Two: The Comparison Research of the Main Contents of Administrative Hearing Procedure. In this part, the writer gave a comparison studying to the range, the subject, and Proof responsibility system of hearing procedure and so on item by item from the angle of comparative law. Therefore, the shortages and advantages appeared vividly in our mind. Some foreign advanced systems such as American "administrative judge system" and so on established the base to perfect the hearing system in our country.Part Three: Consideration of Predictions our Administrative Hearing System. Firstly, the writer analyzed the existing problems and their reasons in our administrative hearing procedure operation. These problems are because of the brief stipulation of the law and the in perfect environments, of legality. Then, it was pointed that we should follow the principle of combing between the international experience and Chinese character, when we perfect our administrative hearing system. At last, In accordance with the existent problems in our administrative hearing system at present, combining the result of comparison research in Part two of the paper, the writer posed the concrete proposition to perfect our administrative hearing procedure and projected a constructive plan to perfect the environments of rule of law of an efficient administrative hearing system.
Keywords/Search Tags:Administrative procedure, Hearing, Research
PDF Full Text Request
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