Administritive Hearing System Upon The Perspective Of Public Law

Administrative hearing system is one of the important administrative procedures and an important component of administrative law and an important part of public law system. However, from the sense of modern jurisprudence, administrative hearing system is not a native of our country, it is learned from foreign countries, so there is some maladjustment.So until now from administrative hearing system in Administrative Punishment Law which was promulgated in 1996 for the first time of our country,it has gone through more than 10 years, which development is still extremely slow, and there are a lot of problems such as unsound legislative level and non-standard of law-enforcement. In the USA, Britain and Germany,Japan we have many things to learn on administrative hearing system.Put administrative hearing system upon the perspective of public law, use the value of public law to locate the administrative hearing system, pursuit fairness and efficiency and achieve a efficient fairness, pursuit freedom and order and pursuit freedom in order. Use the principle of public law to regulate the administrative hearing system, adhere to the fundamental principle of the sovereignty of the people and the basic principles of administration according to law. Use the function of public law to determin the administration hearing system and safeguard the rights of the relative people ,to control the power of the administrative subject, to balance of the interests of all parties during administrative process, especially the balance between the administritive subject and relative parties. Examine the administrative hearing system with public research methods, re-construct the the theoretical system of administrative hearing system in the research way of public law and look forward to promote the development of the legislation of the Administrative Procedure Act.