Studying Of China's Administrative Hearing System Several Problems

As the corn of the modern administrative procedures, Hearing System is now one of the popular topics for administrative law major to study. As it has not been imported and established for a long time as legislation and a legal system, it lacks existing experience in the practice. So how to use aboard experience for reference combining with our national condition, and attach importance to both fairness and efficiency, to keep this system getting more developed and perfect, making it more maneuverable, is still a new topic, which worth deeper explore. This thesis includes four parts, about 30,000 words.Section 1 The value of Administrative Hearing System. Comparing the principle of law basis of hearing systems in the countries representing two main law systems, tracing back the democratic thoughts and requirements of Chinese traditional culture and present constitution spirit, the section presents that the value of hearing system is directed to "focus on equity with care of efficiency ", which will promote execution and further advance lawful administration. The section then argues the significance of establishing an integral administrative hearing system. Section 2 The notion, feature and underlying principles of Administrative Hearing System. Administrative Hearing System is a procedural law system that ensures statement right of administrative acts' counterpart, which has different kinds, such as formal ones and informal ones, beforehand ones and afterwards ones as well as oral ones and written ones, and different from public hearing meeting,explain proceeding. It is not only a law system, but a detail administration procedure. What's more, it is an important right of administrative acts' counterpart, which has the following four underlying principals, the principles of equity, publicity, participation as well as convenience and efficiency.Section 3 The situation of China's Administrative Hearing System.The area of administrative execution of law. Administrative execution of law includes several internal sub-areas such as administrative approval, administrative collection, administrative punishment and administrative forcing. In China, the hearing system is established only in administrative punishment and detailed rules are set up by local and departmental authorities, but the hearing procedure is rarely executed in practice.The area of administrative decision.After the Act of Administrative Punishment, the Act of Price set up the hearing system and also in the following legislation, but it is still necessary to detail operations and enlarge applicable areas. The area of administrative legislationThere has been already related legislation and practice in the area, which still need further development and improvement.