Research On The Scope Of Administrative Hearing

In this essay, the author tries to research on the scope of the administrative hearing, make certain the legislative pattern of the administrative hearing and the detail content of Chinese administrative hearing ,so as to give advice to the legislature of the administrative procedure .The essay insists of six parts.The first part is preface. In this part, the author introduces the development of the institution of hearing in western countries and China respectively in brief, and why the author chooses to write this essay.In chapter 1, the author introduces the origin and development of the institution of hearing, the content of the hearing institution, the classification of the hearing institution, and the concept,the principles and standard of hearing.In chapter 2,the author mainly introduces the scope of hearing in five typical countries which respectively belong to common law system or civil law system.The content includes the jurisprudence foundation ,constitutional basis and the evolvement of the hearing institution, and the specific provisions in the law of administrative procedure and the typical court decisions on hearing.In chapter 3,the author introduces the legislature of scope of administrative hearing status in quo ,and summarizes the problems of the scope of administrative hearing in china.In chapter 4, the author analyzes the obstacles and the advantages conditions to widen the scope of administrative hearing, and brings forward the legislative plan, which is including two parts, the first is to bring those administrative actions affecting citizen's right disadvantageously into hearing, and the second is to distinguish formal hearing and informal hearing.The sixth part is afterword. In this part, the author bring forward two problems that can't be resolved in this essay.