The Consummation Of Our Administrative Licensing Hearing System

The system of hearing established in Chinese Administrative Licensing Law got some breakthrough and development in the validity of hearing record, in the scope of hearing, in the legal responsibilities of hearing and such aspects comparison with the former. The system of hearing did not make legal effectiveness and good social results as expected in the fulfillment because of the less of perfection in legal system layer, not very maturity the system of hearing and the cowardly ideal of procedure of the public.The author emphasize analyzed the host of hearing, the record of hearing and the information of hearing and then gave a operant perfect plan, with the analytic method of comparison, according to the judicial practice, drawing lessons from the system of hearing of world typical nations, from the law fulfillment of the administration licensing hearing and the legal consciousness of the administration corpus of the our country related administrative departmentFirstly, the author put forward some suggestions aimed at the existent shortages of the way of production of hearing host and the conditions and produce of host avoidance and host's qualifications and duties in present Chinese Administrative Licensing LawSecondly, analyzed and pointed out the shortage of the items of hearing record and suggested China should make hearing record as the only decidable basis of administrative Licensing decision and then established and perfected the related system of "the exclusive principle of file" referring to two kinds of modes of the binding force of hearing to the administrative Licensing decision.Lastly, analyzed the explicit problem of the time, contents and the way of current administrative licensing; drew lessons from hearing information law making experience of foreign administrative procedure law; summarized the information of administrative licensing hearing of our country; made reference to the information system of administrative procedure and usage to the foundation theories of hearing procedure and perfected the items of information. The hearing system of administrative licensing is the core of administrative licensing procedure; the way to hear opinions of an administrative opposite and related person; the main way of the opposite and related person to defend their legal rights and participating administrative procedure and check and supervision illegal administrative decisions. We shall further system of the hearing host and hearing record and hearing information of administrative licensing in order to insure realization of the function of the system of administrative hearing. It meaning lies in: rectify the misinterpret of "the exclusive principle of file" in the fulfillment; norm and unify the comprehending and apply of important law principle; insure the function of administrative licensing hearing; insure attain an anticipant social effect; improve the idea of administration of law and rule of law, promote the progress of construction of our country under the rule of law, provide a beneficial reference for the establishment of unified administrative procedure law with "the exclusive principle of file"...