Study Of Several Issues On Administrative Hearing

Administrative hearing, the thing from abroad of western democraticsystem, has established for more than nine years in our country now. This paperproceeds from the essential intension of administration's hearing system andlegal principle foundation, use research approaches, such as comparativeanalysis ,etc. to analyse synthetically about the administrative hearing system ofour country, and put forward the basic imagination of perfecting theadministrative hearing system of our country on this basis.This paper is divided into four chapters altogether:In the first chapter,the auther introduced the basic theories of theadministrative hearing . (Ⅰ) Analyse about the concept of the administrativehearing . The administrative hearing should include the following content : Theadministrative hearing of our country should be a broadly-defined hearing,including formal hearing and unofficial hearing also; In the administrativeprocedure law, there are three meanings in the hearing: First, an importantadministrative right of the other side of looks that it is administrative that thehearing is; Second, the hearing is a concrete administrative procedure ; Third, thehearing is an important legal system of the modern administrative procedure law.The key intension of the hearing procedure is the suggestion of listening to theparty. In sum, I think: The administrative hearing system means that theadministrative subject is before making the decision of influencing theadministrative legitimate rights and interests of the other side of looks, listened toa kind of legal system formed of the procedure on suggestion of the other side ofthe looks. (Ⅱ) Explain the theoretical foundation of the administrative hearingsystem. Britain administrative hearing development and hearing constantenlargement of right are considered to be "the doctrine of natural justice"principle suitable further.〝The due process of law〞of U.S.A. is considered tobe the main law deep pool of the hearing. The hearing is an American citizen'sright, according to a power of the proper legal procedure of constitution. Thedemocratic principles of people of the Chinese constitution have offered the deepconstitutional and legal principle foundation for administrative procedure andeven administration's hearing system. (Ⅲ) Study the function of administrativehearing system. The administrative hearing system is the best way to ensurerelative people's legitimate rights and interests, help the administrative organ findthe truth of the matter, thus correct applicable law. Procedure holds the hearingpublicly, so that it is convenient for citizen to supervises, and can preventadministrative personnel's corruption from occurring and spread effectively ,promote the promotion of the national administration according to law.In chapter two has carried on systematic research on the characteristic andthe main body of the administrative hearing relation. Because the administrativehearing system is to introduce the characteristic of the judicial process into theadministrative procedure, and the administrative hearing system itself belongs tothe component of the administrative procedure. So, there are a lot ofcharacteristics different from general administrative legal relation in theadministrative hearing relation. Its main characteristic shows: First, proceduraland phased. The hearing relation is a relation between rights and obligations on akind of procedure, has procedural characteristics. But the hearing relation is notall of an administrative procedure relation and the whole course. Second, it hasunity and relative independent character with the administrative entity's legalrelation. On one hand the hearing relation has unity with the administrative entityit can be independent of administrative entity relationship and form a kind ofadministrative procedure relation alone on the other hand. Third, the crossing ofboth sides and the third party Hearing relation competent organ andadministration relations of both sides of relative people; But according tocomposition of the hearing with concrete relation, it is kinds of three sidesrelation, shown as the relation among hearing host and party , investigatormainly, similar judicial relation. Fourth, getting probable and alternative Becausehearing procedure isn't the necessary procedure, it has the probable characteristic.Once hearing relation takes shape, its rights and obligations have no alternative.The administrative hearing relation subject includes hearing host , party ,investigator , agent and other participation people mainly. And has carried on thediscussion to legal status and right enjoyed of every subjectIn chapter three has studied several system of the administrative hearing.(Ⅰ) The hearing host's system. In the hearing procedure, the hearing host is inleading status, he is not merely controlling the rhythm of the hearing procedure,and will make to a hearing referee according to relevant records and laws.According to the study of the questions, such as position and qualification aboutthe hearing host of Great Britain and America's country etc., I think , theadministrative judge's system of U.S.A. has offered helpful experience to us inthis respect, worth we drew lessons from . We will make an effort in keepingfairness of the hearing host, make it have independent status to create thecondition, so that really realize the fairness of the hearing . (Ⅱ) The evidencesystem of administrative hearing. Among administrative hearing procedure,development of procedure is the participated people collect, examine, and usethe evidence to show constantly each hearing, so it is necessary to set up theevidence rule of an independent administrative hearing system outside thejudicial evidence rule. I think the evidence system of the administrative hearingsystem should include the following contents: It is a burden of proof at first. Inaccordance with administrative hearing procedure of behavior that functions andpowers make, the burden of proof should be undertaken by the administrativeorgan, in accordance with in the administrative behavior applied to make, theburden of proof is undertaken by the relative people of the administration.Secondly in view of acceptance of the evidence and collecting, administrativeorgan can't refuse what party offer that has essence connection and shouldbelong to evidence that may get rid of , meanwhile, the party is obligated to putforward all evidences related to case that he grasps at administrative hearingstage, otherwise the court thinks that parties have already given up utilizing theright of this evidence, can't propose these evidence afterwards in administrationof justice check procedure, or this evidence will be excluded from being suitable .Third, in judgment of the evidence, the identification strength of the evidencemust relate to its time, place, situation around to happen, and then contrast withother evidences, make a concrete analysis and compare synthetically, finally fix .About the identification standard of the administrative hearing evidence, I think,our country can consult the method of U.S.A. namely adopt the standard ofpreponderance of evidence. (Ⅲ) Pen recorded produce of hearing. "The Law ofAdministrative Penalty " of our country only puts down the principleregulation of pen recording the hearing ,without the legal effect . "The Law of...