Research On Hearing Process In The Institution Of The Administrative Rules

In the process of heading for the nomocracy and democracy, hearing system, as an important system for administrative law and civilian's participation in administration, gradually causes attention of many countries and is widely applied. It has become the core part of administrative process law in the nations of the whole world. Attempt in the systematization of hearing process is conducted during the Chinese administrative law's reform. The promulgation of Administrative Punishment Law in 1996 and Price Law in 1998 firstly introduced hearing process in the administrative law area. Afterwards, related administrative regulations and rules were passed one after another under this legal platform which detailed and deepened this administrative power's running mode.However, although we feel glad for this progress, we shall clearly realize that the hearing process in practices is far from people's satisfaction, especially in the process of drafting administrative rules which occupies half of the administration's legislations. The absence and lack of hearing process limited the function of the hearing process or is not fully reflect its internal value. So, under the nowadays' law frame in China, this thesis begins with the general principle of the hearing process and then researches into the status quo of the hearing process and reason for that in the drafts of administrative rules and in the end brings forward some feasible advices for the establishment and perfection of the hearing process in the institution of administrative rules, so as to supervise the hearing process in the institution of administrative rules, safeguard the normal function of the hearing process and realize the general value of the hearing process. Except for the foreword and epilogue, this thesis mainly includes the following four parts:The first part gives a brief introduction of the general principle of the hearing process in the institution of the administrative rules. It analyses the definition of the administrative hearing process, the definition and the purpose of the hearing process in the institution of the administrative rules. It also probes into the jurisprudential base of the hearing process in the institution of administrative rules.The second part mainly analyses the status quo and development of the hearing process including the hearing process status quo of the international perspective, the status quo of application and the status quo of the law making in China which is base for the establishment and perfection of the hearing process in the following parts.The third part is related to the problems lying in the hearing process in China and the reasons for these problems. Aiming at the problems in the scope of the hearing process, information publication, the status of the host, participants, carrying into execution, the validity of the notes and so on, this thesis tends to find the reasons for those problems and seeks the proper solutions.The forth part mainly introduces the strategy and advices in the establishment and perfection of the hearing process in the institution of the administrative rules. From two aspects of general construction and specific systems of the hearing process, the thesis further brings out my opinions and advices on the setting of the hearing process and supervision of application in practices in the hearing process.