Study On The Defect Of Administrative Hearing System In China

The hearing has already become a common system of having much important meaning of administrative procedure laws of various countries at present. Administrative hearing is a process which administration department admits people to put forward their opinions and discuss about the special items before they work out decisions. The valuation of administrative hearing is not only the aim of justness and efficiency, but also the standard that people value the rationality of the administrative hearing. Administrative hearing is an important design that government exerts public rights in modern democratic sociality and will bring about tremendous changes in the democracy of the whole society. To design the rational administrative hearing system and realize the value of the administrative hearing, we must manage the contradiction of the justness and efficiency and take the fine combination of the justness and efficiency as the essential aim. Some effective measures must be adopted to improve the build of the rational administrative hearing system and realize the aim of the administrative hearing. On one hand, it should be a good democratic atmosphere that is the outside condition .On the other hand the design of the rational administrative hearing system is the key of realizing the value of the administrative hearing.This text is standardized by analytic approach, document analytic approach ,etc. relevant theory means start with from hearing certainty and rationality that system produce to use, analyze current situation and reason of production of question these, attempt to analyze and solve breach and countermeasure of problem of these to find to analyze. This text, according to the thinking of "proposing the problem, analyzing the problem, solving the problem", is divided into four parts. The article has proposed the limitation of several respects of the system of hearing of our country emphatically. The fourth part of the article and the third part are key contents of the full text in the lump, to several question that previous part appear, this text direct against every kind of question, put forward corresponding countermeasure think, including expand the scope of application of the hearing further one by one; Range expanding the hearing and participating in people further; Establish and improve system of hearing host; Confirm the effect put down in hearing; Give the decision effect with real hearing; Perfect the open information system, ensure the realization of the hearing right; Perfect relevant relief systems, etc.