Research On The System Of Administrative Hearing Of Our Country

The system of administrative hearing is a key content of the law ofmodern administrative procedure, it administers the state according to law insupervising the administrative organ, ensures the legitimate rights and interestsof the other side of the administrative, plays an important role. Sine"administrative penalty law " establishes hearing in the field of administrativepenalty in the form of legislating for the first time, the administrative hearing,this kind of legal system that transplants from foreign countries, takes root inour country, constant popularization is opened.This text launches describing from four following respects:First, overview of administrative hearingThis part begins with concept of administrative hearing, and thenannounces the characteristic of administrative hearing, last expounds theimportant meaning that our country introduces the system of administrativehearing.1.Concept and characteristics of administrative hearingIn different countries, on different aspects, from different angles, theadministrative hearing has different intension and epitaxy. I thought: theadministrative hearing means the procedure that before administrative organmake the regulation, rule or make the decision to influence the legitimaterights and interests of the other side of the administrative, they should listen tothe suggestion of the other side of the administrative. It has legal, functionsand powers, fairness and ageing characteristic.2.The important meaning of the system of administrative hearingIn our country, because of the long-term accumulation of history andsome factors of reality, the administration rules by law still shoulder heavyresponsibilities. It is of great significance to introduce the system ofadministrative hearing, influence is far-reaching.Secondly, basic content of the system of foreign administrative hearing"The stones from other hills, can attack the jade ", pass the study of thecontent basically of administrative hearing system to foreign countries, willpromote the sound and perfection of the relevant legislation and system of ourcountry greatly.1.The system of administrative hearing traces to the source.Administrative hearing system makes a start on modern capitalistadministration of justice of country trying the system, it transplants to theadministrative organ gradually with the mass use and developing constantly ofthe system of judicial hearing.2.Theoretical foundation of the system of administrative hearing.The hearing system comes from the old just principle naturally onBritain's common law, this principle is a key content of Britain's common law.Including the following two famous rules: First, no one is allowed to be ajudge of one's own case. Second, anyone should be listened to fairly whiledefending one's own one.3.Basic content of the system of administrative hearing(1) Range of administrative hearing. Require all administrative behaviorsto need to listen to the suggestion of the other side of the administrative beforemaking. It is unnecessary and possible not to have. According to regulation ofadministrative procedure laws of various countries, the range of administrativehearing includes two kinds mainly: administrative legislation andadministrative decision.(2) Form of administrative hearing. According to different standards, theadministrative hearing can be divided into the formal hearing and unofficialhearing, the hearing in advance, listening to the card and combining thehearing afterwards, written hearing and oral hearing, legal hearing, wantonhearing and non-legal hearing, etc.(3) Administrative hearing host. There are two kinds of the administrativehearing host's sources: One kind is administrative judge, another kind iscommanding officer of administrative organ or its appointed personnel.(4) Administrative hearing participants. The range that can participate inhearing personnel is expanding progressively, besides the other side of theadministrative looks, the third person that the right and interests are influencedindirectly, can participate in the hearing.(5) Legal effect about the record of administrative hearing. There are thefollowing two kinds of modes mainly: First, it is the only foundation when anadministrative organ makes the decision that the hearing is put down; Second,it determines to have certain engagements to the administration that thehearing is put down, the administrative organ should consider the hearing andput down administrative decision, but the administrative organ must not obeyit unless other laws have clear regulations.Thirdly, basic content of the system of administrative hearing of ourcountryThe original administrative hearing system of our country is founded inadministrative penalty law in 1996, as a brand-new legal system, its does notalmost have any available practical experience that can be drawn lessons fromto administrative organ of our country, so can only wade across the stream byfeeling the way, follow in order and advance step by step.1. Current legal provision about the system of administrative hearing ofour countryAt the present stage, the legal provisions about administrative hearingsystem reflect in such several laws as the constitution, administrative penaltylaw, price law, legislative law and administrative licensing law, etc.2. Basic principles of administrative hearingThe administrative hearing of our country should follow disclosing,fairness, function separating, words and argue the four cardinal principles .3. Basic content of the system of administrative hearing of our country(1) Range of administrative hearing. The range of administrative hearingof our country is relatively narrow, only limited to some administrative penaltybehaviors, some price policy behaviors, some legislative behavior ofadministrations and some administrative licensing behaviors.(2) Administrative hearing way. To hold on the principle that publiclyadministrative hearing, besides involving state secret, business secret orindividual privacy, the administrative hearing is held publicly withoutexception.(3) Expenses of administrative hearing. The party, interested party do notbear the expenses that the administrative organ organized the hearing .(4) Administrative hearing subject. Including hearing organizer, hearinghost, hearing participate in people, other hearings and participate in four kindsof people.(5) Right of administrative hearing. The right of the other side of theadministrative looks in the administrative hearing procedure is mainly asfollows, apply for right, right withdrawn by petition, statement right and theright of defense, right of trusting others to act for the hearing.(6) Administrative hearing procedure. This part sketches theadministrative hearing procedure in the field of administrative penalty andadministrative licensing, then makes the conclusion that administrative hearingprocedure should include the following contents at least: hearing tell, notice,hold, treatment after the hearing of hearing.(7) Legal liability of administrative hearing. The administrative hearingshould go on strictly in accordance with the law, otherwise, the administrativeorgan wants and bears the unfavorable legal consequence.Forth, Problem and perfection of the system of administrative hearing ofour countryA lot of defects and deficiencies exist yet in our country's presentadministrative hearing system, the existence of these questions, has hinderedthe full play of the normal function of system of administrative hearingseriously, demanding prompt solution.1.Problem of the system of administrative hearing of our country(1) The range of administrative hearing is narrower.(2) The administrative hearing host's legal status is ambiguous; duty andauthority lack the clear regulation.(3) The participation people of administrative hearing, especiallyregarded as the management target namely the other side of administrativelooks of the administrative organ, its representativeness is worth consideringconscientiously.(4) Administrative hearing is it make engagement of lacking to whomadministration determine to put down, weaken administrative hearing meaningof system to a certain extent.(5) The information of the administrative organ is disclosed insufficientlyin the administrative hearing.2. Perfection of the system of administrative hearing of our country(1) Expand the scope of application of the system of administrativehearing properly.(2) Give host's independent legal status of administrative hearing,...