On The Legislative Conception Of Administrative Hearing System

The hearing system is thought to be the soul system of morden Admininstration procedural law,and it is the most important form for relative person to participate in the administrative procedure. On the basis of Learning from the foreign countries's hearing systems, the Administrative Punishment Law which promulgated in 1996 is the first time for our country to prescript the hearing system.After it,there are rules relevant to administrative hearing in several subsequent laws,which make the hearing system improved in our country progressively. However, after more than ten years development, the administrative hearing system of our country have not got any substantive progress. The distributed legislation mode makes the hearing systems in our country not forming a unified system, which leading to a lot of problems such as unsound legislative level and non-standard of law-enforcement.Although the theorists tried to do lots of researchs on the administrative hearing system in many respects, such as the administrative punishment hearing, administrative permittment hearing, administrative legislation hearing, the host of hearing procedure, the hearing record, etc, all these theoretical studies are only trying to improve the administrative hearings system in one respect, and seldom treating the administrative hearings as a system to discuss how to make a uniform legislation. So in this essay, the author try to discuss how to legislate in the structure and content of the administrative hearing system from the macroscopic perspective under the framework of the Admininstration procedural law,which is on the basic of collecting and analysing the legislative practice of our country and other countries and arranging the present research. These essay tries to solve the confusion of the present administrative hearings and make the administrative hearings system to play its proper role which may expedite the process of Admininstration procedural law eventually.