Difficult Position And Countermeasure In Administrative Hearing Procedure Of Public Security In Our Country

As the core system of rule of administrative law, the goal of hearing system is listening to the opinion from various aspects widely, and protect administrative counterpart in the greatest degree through public and fair procedure. It has been 10 years since we established the system of administrative hearing for the first time in in 1996. In fact, it is not looked like as what the people hoped when it was enacted, which is the public lines up waiting for the hearing, on the contrary, hearing procedure has been encountering dim circumstances and degenerating one kind of game of administrative organ speaks one's own mind.Similarly, because of all kinds of reason, it has been hindrance phenomenon in administrative hearing procedure of public security. It is obviously a difficult problem need to solute urgently that how to solve this problem in order to pave the way for carrying out the rule of administrative law. The author regards this topic as the object of study and hopes to give some mentality for solution the above difficult problem. The article is made up of 3 parts.The first part is about the rationale analysis of administrative hearing procedure of public security and analyzes with emphasis the administrative hearing procedure of public security, for example, the scope the hearing involves is broad, the quantity of the hearing is huge, the type of it is many, and the scope of discretionary of it is big. In this part, the author exposes the important function of administrative hearing procedure of public security, such as function of legitimating proof; maintaining rights and interests, solution dispute and so on.The second part is about the present situation and reason analysis of administrative hearing procedure of public security. The author adopts 'positive analysis' and takes a medium scale city in Chinese as inspection object, points out the hearing procedure of public security has fall into the difficult position actually through analyzing data. For example, there are 53113 administrative cases of public security conform to the hearing condition in the city in 10 years from 1996 to 2005, but only 2 cases applied hearing procedure. The author thinks the reasons of the present situation are as follows: not neutrality of hearing director's status, imperfection of hearing way, not necessary of related law, unclearness of legal liability of the administrative organ, high cost of hearing procedure and lacking of public right consciousness.On the basis of the above 2 parts, the author explores the essential way to consummate administrative hearing procedure of public security of our country in the third part, the method contains 3 parts, which is we should construct the effective neutrality system of hearing director's challenge by perfecting function separation system, slandering hearing director and establishing the avoid system. At the same time, we should reconstruct safeguard mechanism of hearing procedure of public security by understanding hearing public principle again, perfecting the mechanism of exterior legal supervision and consolidating economic basis. In the end, consummate the correlative necessary system by informing the establishment of the safeguard system and improvement of legislative technology.