Analysis On Some Problems Of Hearing In Administrative Liscense

Hearing in license is the heart of the procedure of administrative lisence. It was established in the fourth section , the fourth chapter of PRC License Act. The systems on the records, the sphere , the duty of hearing progressed greatly compared with former acts, Especially the Doctrine Exclusion was founded.But the Act has some shortcomings. The writer found that the syetem is not perfect revalant to the Doctrine Exclusion so that its effect in practice is not so good.On the basis of these analysis, the writer brings forward the following proposals in order to carry out administration under law, procedural justice and controlling the administrative power. We should set up the system similar as American administrative judge in order to reinforce the independence and specialization of proposers. We should make it clear the sufficiency of the records of hearing to carry out"the doctrine of exclusion". At last, we should clarify the contents, the forms and the period of hearing to realize the parties'rights such as demonstration and argument, etc. All the above relates to the legal rights and obligations of the proposer or the inerest, The perfection on these factors will achieve more social function and effect and reinforce the construction of the rule of law..