The Administrative Hearing System

The administrative hearing is a procedure for the interested party to express an opinion, offer testimony, question and dispute with the specific item before the administrative organ making decisions. Its essence is to listen to the opinion of the interested party .The administrative hearing has the character of the accurate judicature and the procedure non-independence, the parties both sides negotiating with each other .According to the different standard, the administrative hearing may divide into the official hearing and unofficial hearing, hearing in advance and afterwards hearing and union hearing, written hearing and oral hearing. At the same time, it can make the administrative relative person to superintend administrative authority, perfect the function relieving mechanism and improve administrative efficiency. During the administrative hearing process, it should implement the fair principle, the public principle, the participation principle, the convenient and efficient principle.The administrative hearing as a system comes from the western countries, its rationale is British"Nature Justice", American"Due process of law"and German"the country ruled by law"The administrative hearing as a systematic legal system, it is an organic whole which contains the administrative applicable scope, the administrative hearing parties, the administrative hearing pattern, the administrative hearing record. The administrative applicable scope includes two aspects: One, the standard deciding the administrative applicable scope, the various countries do not stipulate regarding this one, but the two most standards are the behavior and the benefit .Two, the applicable scope stipulation way, approximately also may divide into two kinds, completely regulated by the single legal rule and except specific law stipulation, At the same time, the administrative organ may decide according to his need. The administrative hearing parties include three sides mainly: The administrative hearing organizer, the director and participates in person. Director's appointing must guarantee two points: Neutrality and specialization. The right of the interested party who participates in person is also important link. The administrative hearing pattern refers to the leading pattern of the hearing to carry on in the process, although in the judicial lawsuit has two kinds of pattern: The authority principle and the litigant principle, but at the choice of the administrative hearing pattern, each country all compares the favor to the authority principle pattern. The administrative hearing procedure refers to the order, the way, the step and the time limit which should follow in the hold hearing process by the administrative organ .During the hearing process , the administrative hearing procedure mainly includes: Notice; the preparation conference before the official hearing or preparation hearing; the hearing start and carrying on ;the end of hearing .The administrative hearing record generally should include the hearing person's basis situation, the hearing time and place, litigant'statement, the copy and evidence proposed and so on. the legal effect of the administrative hearing record is the hearing system core question .According to the various countries'administration procedural law stipulation ,the hearing records'binding force degrees to the decisions of administrative organ are different ,specifically has two procedures :One is Us's record exclusive principle and the principle unilaterally contact .The so-called record arranging his principle is the administrative organ's decision made according to the record which cannot made outside the record by the fact not having proof or the way not knowing by the interested party ,otherwise the administrative ruling is invalid .The principle unilaterally contact is a rule which is connected with the record exclusive principle. According to the record exclusive principle, the administrative organ cannot admit the evidence outside the hearing, but the most common evidence problem appearing in the unilaterally contact, namely the litigant discusses the case in opposite party with the administrative judge and the person who has the decision-making power. Two, the hearing record has the certain binding force to the administrative decision, but the hearing record must not been taken as the basis of the administrative decision.The administrative hearing system has been introduced to our country since more than ten years ago. It already has started to germinate. Its start was the result of the market economy system, the social benefit adjustment and the public management affecting together. But the administrative hearing also has many problems in our country. First, the hearing localization is unreasonable. Second, the legislation technology has the problem. Third, the basic essential factors of the hearing system are incomplete, which may divide into two kinds: Abstract administrative action's hearing system essential factors being short of and concrete administrative action's hearing system essential factors being short of. In view of the administrative hearing system in our country's problems, the administrative procedural law which soon appears can solve the problems .First changing the understanding from the legislation thought, the administrative procedural law carries on the reasonable localization of the hearing system ; Next from the legislation technology, the administrative procedural law makes the unification stipulation to the hearing rule; Finally, from the legislation content, the administrative procedural law makes the concrete unification stipulation to the hearing system.