The Administrative Hearing Research

The administrative hearing system is a basic system in the administrative procedural law, gradually has developed into the administrative procedural law central system in recent years .we must solve the problems , involves the basic concept , extension and the content, as well as the insufficiency and consummation in our country present administration hearing system .The article involves several parts following:The first section mainly introduces essential factors which involves the concept ,the type ,the content of the hearing ,and analyzes the related content ,the significance of the hearing power.The second section carries on the analysis about the origin of the hearing system from the legal principle theory of law to, introduces separately the English ancient nature fair principle, US's due process of law as well as Germany's government by law principle, cleared off which the Chinese native place to have the hearing system produces, obtained a clear vein about the development of the hearing system.The third section research hearing system should follow the basic principle in reality, namely the participation principle, the public words principle, the coordinated principle, the evasion principle and the strict procedure principle, how can cause the hearing system display most major function, avoid becomes a mere formality, is must depend on follows these principles practically, according to the principle management, according to the stipulation execution, only do that, the hearing system can emit the ray which its should have.The fourth section based the collection present administration rules and various departments regulations, the government regulations regarding in the administrative hearing procedure, unit hearing procedure theory, and has collected ten countries regarding the hearing system stipulation, then carried on the discussion insufficient and flaw to the present administrative hearing system, the contrast overseas hearing system operation and the characteristic, proposed the plan to the Chinese hearing system consummates at present. All three aspects: Idea aspect to the hearing system—Carries on the reasonable localization, the legislation aspect to the hearing system—Formulation unified hearing rule and system aspect—Hearing system basic essential factor consummation. Three aspects are linked together, cause the hearing system to form a complete system from the content to the effect, entered a benign movement orbit, the hearing has its own means, played the role practically.