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The Research On Administrative Legislative Hearing System In China

Posted on:2009-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:H S ZhaoFull Text:PDF
GTID:2166360245958321Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative hearing system in legislation has already been an extremely important procedural system of modern administration procedural law in world.the target is to extend the democracy attendance,listening to the opinions especially the relative person's opinions, coordinating the various relationships, improving legislative quality and strengthening the legislative on democracy and science.This article begains from the basic theory of administrative legislation hearing,it elaborates that in our country administrative legislation hearing system's present situation, discovers the existence the question, analyzes its reason, and carries on the construction to the administrative legislation hearing system, then causes it to be more perfect and guide the practices.This article mainly divides into three parts, the first part mainly introduces the administrative legislation hearing system's elementary theory, from it's origin, the legal principle theory of law foundation obtains, to trace Britain "the nature to be fair", the US "the right legal proceeding" with Germany's administrative valid principle, then elaborates the administrative legislation hearing's concept and the related concept discrimination, this part elaborates the administrative legislation hearing system's function finally.The second part is legal origin and the present situation analysis. The legal origin mainly contains the constitution, the administrative sanctions law, the price method,the rules of the laws and regulations and regulations procedure rule, the administrative permission law and the legislative law; The present situation analysis is mainly although the Shanghai Municipal government started from 1994 to explore positively, we has made the good progress present, it still is imperfect and has many problems to need the further solution. It Concerns mainly aspects and so on potency which at the administrative legislation hearing's way, attendant's designation, attendant's related right and the duty.The third part Concerns how to build the relatively reasonable administrative legislation hearing system,and to guide practice better, the most important is to establishe the administrative legislation hearing system's basic principle:The administrative legislation public principle, the litigant,principle principle,the democracy and the benefit unify principle these three basic principles,then it then goes from the announcement system, the administrative legislation hearing way, main body system to the opinion response mechanism, decision made,from which parts to elaborate in detail.
Keywords/Search Tags:The administrative legislation hearing, official hearing, unofficial hearing, the mix hearing procedure, the potency which the hearing records, the opinion response mechanism
PDF Full Text Request
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