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On Perfection Of The Administrative License Hearing System

Posted on:2010-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J KuangFull Text:PDF
GTID:2166360272499340Subject:Law
Abstract/Summary:PDF Full Text Request
Participation is the cornerstone of democratic politics. As a citizen of participatory democracy realization the hearing procedure has become an important system of modern administrative procedural law. The administrative hearing refers to the administrative authority making significant influence, private rights and obligations of the parties decide before hearing presentations, defend and cross-examination, then according to the cross-examination, verifying the materials to a program of administrative decision. The hearing procedure is from Britain. It is generally thought that law of administrative procedure law is from"natural justice principle"in British law, but the"due process"established by the constitution of the United States further deepens it. As the core of modern administrative procedural law system the hearing procedure is in deficiency for a long time in our country. Investigating its reason, mainly in China's traditional planned economy system, the administration has been a public right under the management of ideology. The principle of fair play, democracy and respecting the administrative subject position of citizens was ignored subject status of the citizens. However, the constitution of the people's democratic principles provides a legal basis for the hearing procedure. The administrative punishment law bringing in the hearing procedure realized the breakthrough of the hearing procedure in our country. It is regulated in the price law and the legislation law. The administrative license law finally formed a new administrative license hearing procedure in detail about the regulation for the protection of citizens' rights unceasingly absorbing from theory and practice of the hearing procedure. It is meaningful for promoting democratic participation, restrictions, abusing of power, and improving the administrative efficiency of citizens and legal consciousness training has very important significance. However, the introduction of the hearing procedure in our country is nearly a decade. Because of our traditional knowledge and practical aspects of reason and the hearing procedure legislation, there is no unified administration program code. So the administrative licensing hearing procedure is needed to be improved. This paper put forward some suggestions in order to perfect the administrative licensing heare procedure. The paper consists of introduction, full text and epilogue three parts and the body is divided into four parts, including the third and fourth part, part of our administrative license hearing procedure and the improvement measures is the focus in:In the first part, first from the concept of hearing, I introduce the origin and evolution of the hearing procedure and then analyze the process in a long period of the hearing procedure lying in the traditional economic planning economic system and political influence of democratic system is not perfect, administrative management has been a dominant male right consciousness of management form, and ignore the citizen's main body status, then pointed out that our country after the founding of the initial although not expressly administrative hearing procedure, but the constitution of the people democracy principle for the establishment of the hearing procedure provides a legal basis. Then discusses the concept of administrative license hearing and characteristics, and introduced the hearing procedure has pointed out the significance of four aspects, namely, to an important accurately find the truth of the case, to protect the rights of citizens; to achieve administrative participation, democratic politics, increasing acceptability of administrative behavior, improve the administrative efficiency; to control administrative licensing, restrictions, reduce the abuse administrative power corruption prevention politics, political bossy; to improve the legal consciousness of citizens.The second part is simpler. I discuss the hearing procedure in our country, and the process of establishing the scale in different historical stages that affects the cause of its development. Then discusses the administrative license law to the hearing procedure of the main innovation is established, and a case of exclusive, solve the long-standing principle of administrative decision in hearing record played false problem, 2 is specified by the administrative authority violates the procedure of the legal responsibility, to establish the management idea, accrual consistent for building the responsibility of the government.In the third part, I discussed the detects of administrative license hearing procedure are discussed, including the defects of the defect , The scope of administrative license hearing is narrow, The definition of stakeholders, have multiple stakeholders of the representative cases without explicitly provided selection mechanism, To apply for a hearing, application conditions are not exercise defined, On hearing the only way before the formal hearings, public hearing monotonous forms, In the procedure, apply for a hearing the general acceptance of application, too, not specified conditions of application, On hearing the relevant system not host, such as functional separation system, qualification access system, avoiding system, contact system; prohibit unilateral Hearing records for hearing, and hearing records of the records of the evidence newly discovered after the problems such as how to handle are not stipulated.In the forth part I put forward some better measure for the defects in the third part. According to the scope of administrative license hearing problems, narrow reference practice in the world, using generalized, lists and eliminate the legislative provisions means, According to the definition of stakeholders are unknown and multiple stakeholders cases of selecting mechanism is not clear representative, by expanding the scope of stakeholders and determine the scientific and rational selection mechanism of hearing representative to solve, Improve the way and the right to apply for a hearing exercise. Perfect hearing; At the hearing, to form a single, by hearing, and expressly informal introduction after hearing, and hearing by public hearings on system for principle, no public hearings for exceptions to solve, According to inform the institutional defects, made clear the way and inform the notice; At the hearing host imperfect system, through the selection of the hearing procedure, avoid host system and prohibit unilateral contact system scientifically reasonable regulations to be perfected, On hearing the problems existing in the record, the scope of hearing, records of the record by introducing the hearing procedure solution procedure again after the end and the administrative organ of the new evidence. At the end I suggest making the united administrative hearing procedure and the united administrative procedure law according to the above problems and the confused implementation regulations formulated hearing ever where.
Keywords/Search Tags:Administrative license, Administrative license hearing, Defect, Improvement
PDF Full Text Request
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