Research Of Improving Administrative Hearing System

This article centers on this administration core procedure of the hearing system to launch our country's consummation, altogether divides six parts to amount to 30,000 characters. The first part is introductory remarks; mainly introduces the research goals, objects, scope and methods of this article. The second part is the fundamental research of the first chapter. The author comes straight to the point, proposed the viewpoints that the hearing system is the administrative procedure core system. And analyses the production and the development of hearing system to support this viewpoint (Various countries' comparison, Mainly is the British and American legal system and the situations of the mainland legal system countries), the concept and characteristics of Hearing system ("public", the "function separated", the "record against others " these three common characteristics basic to be able to cover hearing system in "before", "in" , "after" the procedure), The hearing system nature (threshold satisfies administrative procedure validity request), Hearing system function (separately from economic angle and politics angle, Draws the conclusion: The hearing system is modern democratic politics and the important prop system of the modern administration procedure), The hearing system theory cornerstone (has received in the English common law " nature fair principle " and American " the right legal proceeding " legal principle theory of law foundation hearing system, takes the justice, democracy, the main body procedure theories as its support cornerstone), Hearing system establishment principle (participation principle, And elaborates its concept, brief introduction of the attention degree of the domestic theorists, the aboard suitable situations) and so on the level elaborations. The third part is the second chapter of our country administration hearing procedure legislation and the system research. Our country's present constitution related stipulation provides certain basis for the hearing system in the administrative procedure legalization; the partial legal laws and regulations also have the correlation stipulation. The fourth part is the third chapter of our country hearing system present situation, the question and the reason research. The present situation is and so on the developed country compares with the American and Japanese England, the level of the administrative procedure participation in our country is low, the hearing system is at the start stage. The question is that the hearing applicable scope is narrow as well as unreasonable; The abstract administrative action hearing rigid insufficiency also the scope are not comprehensive; Too is general (the hearing director relatively independent status to the hearing procedure rule unusual stipulation or the stipulation not to establish, The hearing participates in the human only being restricted in the administrative relative person, Presents evidence the responsibility not to be clear about, The hearing reported and the hearing records the potency has not made the stipulation). At the same time, Also has the partial hearing procedure rule which the area, the department formulate not unified, mutually the contradictory operational question. The reason mainly lies in the " heavy body, the light procedure " backward idea restriction, Has not realized to the administrative procedure in the government by law administration function, Then has not established the hearing system to be able the threshold the author proposed the "three basic " viewpoints satisfy the administrative procedure validity request the thought foundation. The fifth part is the fourth chapter consummates our country hearing system the conception. Consummates our country hearing system the basic condition(Enhances the people to depend on the procedure administration the idea, Setting up procedure government by law idea; Takes the effective measure fundamentally to reverse the society with every effort to be perfunctory the manner to the hearing system; Formulates a perfect administrative procedural law by the standard our country hearing system; Raises the administrative law enforcement level, Guarantees the hearing system the implementation and the realization), Consummates our country hearing system the basic principle(Fair and guarantee efficiency principle, Record exclusive principle, Public principle), Consummates our country hearing system the basic content(The attention hearing system and the administration reconsider, the administrative proceedings system engagement and the coordination, Expands the administrative action hearing gradually the applicable scope, Further consummates the hearing director's stipulation, Further expands the hearing attendant's scope, Further is clear about the binding force which the hearing records). Thus, the entire hearing system consummation all is an evolution process. The sixth part is a conclusion; the outline summarizes the full text.