Researches On The Public Security Official's Hearing Systems Of Administrative Punishment

On March 17,1996, people on the Eighth meetings with the fourth-time NPC(National People's Congress) passed《Law of the People's Republic of China on Administration Punishment》which indicated the establishment of hearing system in our country. According to the foundation of the natural and the procedure justice, the hearing system basis is carefully obey personal benefits with public benefits balanced of principle and the cost is no bigger than the principle of performance. The scope of hearing system is the administrative organization makes orders to stop production to close up shop, cancel permit or license, bigger quantity penal sum etc.,they should tell the party concerned before administrative punishments have already been requested to hold right of the hearing. If the party concerned requests the hearing, the administrative organization should organize the hearing of witnesses. The public security official's hearing system of administrative punishment has great significance to increase the speed of democratization and scientific of public security's management and exaltation of the public security official's enforcing the law with an efficiency. Public security official's hearing system of administrative punishment is the emollient method which inspects a public security official the administrative punishment power abuse in the process of the organization administration, and it's also a valid path to protect the legal rights of the party concerned. As a kind of new-born thing, this system from implement up to now, being applying case scope, the host's independence of hearing system, concretely operating and relevant kit law's etc., still exist many problems. In the process of the experienced government punishing a concrete implement,the law corpus such as citizens and legal persons etc. can't be real to make good use of this law to support their own legal rights, respect and assure human rights effectively. We may perfect this law from the following aspects: perfect relevant laws, extend the appling scope of hearing system, build up normative host's system of hearing, promote valid influence of hearing system's conclusion and perfect each relative systems.The hearing system of administrative punishment complies with the world trend of exercising the national administrative power under the market economy and democracy condition. It will highlight booming vitality along with the development of the our country market and the democracy necessarily. As the continuously development and processment of the society, the public security official's hearing syetem of administrative punishment will get complement, also will bring a new chance for the administration work necessarily.