Research On Legal Effect Of Hearing Transcript In Administrative Decisions

The Research on Legal Effect of Hearing Transcript in Administrative Decisions is aimed to carry out discussion on the basis of the important problem of legal effect of administrative Hearing Transcript, so as to introduce and analyze the inherent functions and value of the system in an overall way as possible as the present paper can, discuss the historical backgrounds of its origination and development, status quo and put forward some improvement suggestions.The present paper includes introduction, body and postscript. The body is divided into four parts, including hearing and administrative Hearing Transcript and the legal effect thereof, the application of the principle of file exclusivity to administrative decision and improvement suggestions, in which the first three parts introduce and analyze the historical backgrounds, status quo of the development of hearing and relevant contents of Hearing Transcript and the fourth part puts forward suggestions and opinions according to the practice in China and on the basis of the first three parts.The first part makes an overall elaboration of theoretical origins of hearing system, historical evolution and the concept, contents, characteristics and legal value of hearing transcript.The second part begins with the connotation of legal effect of hearing transcript, utilizes the means of comparative research, concludes and analyzes the legal effect of administrative hearing transcript on administrative decision and the existing problems and further proposes that the role of hearing transcript should be regarded as the base on which to recognize case facts.The third part elaborates the connotation of the principle of file exclusivity, the significance of the establishment of such principle and the application and exception of such principle in administrative decision. The principle of file exclusivity opens the precedent in the region of administrative licensing in China. However, there still exists a long distance from the overall application of the principle of file exclusivity in the region of administrative decision.On the basis of the analysis of the first three parts, the fourth part makes proposal on how to give inherent play to hearing system and to advance and improve the system from the following aspects on the basis of positive reference to the principle of file exclusivity. The first suggestion is to specify that the administrative hearing transcript constitutes the base on which to recognize case facts and establish priority effect of the certificate of such transcript in administrative verdict and administrative litigations and the second one is to establish evidentiary rules for administrative procedures and relevant rules and systems such as participation and aid by lawyers, reason explanation and correction procedures for hearing.