On The Legal Effect Of The Administrative Hearing Transcripts

Hearing system as a protection of civil rights, restrict the abuse of executive power the core of the system has become increasingly widespread use by the executive to the administrative proceedings.Hearing System for the rule of law to open up a new process of democracy in China,but also brought us a lot of confusion:the hearing system in practice is often reduced to a form or decoration.Created a strange phenomenon:While the executive relative to the hearing process in an equal footing with the executive organs of the cross-examination and confrontation,showing fairness and justice,the executive in making final decisions not to hearing foundation leading between the hearing and decision separated.The reason for this phenomenon is not clear or is not formed on the hearing transcripts of the hearing procedures of the legal definition of effectiveness, we can see the importance of hearing record the force of law.This article is divided into four parts to discuss the issue.First,a brief introduction the first part of the hearing system and to focus on in the hearing process of the formation of the legal effect of the hearing transcripts are described.Then in the second part focused on two representative (the United States and Germany) for a Hearing in administrative decisions and administrative proceedings in the legal effect of the relevant provisions of the lessons which the essence of the office.Furthermore,in the third section describes the force of law in China Hearing administrative decisions, administrative reconsideration,administrative litigation in the current situation and the existence of some of the deficiencies.Finally, referring to foreign legal effect on the hearing record more successful approach,in this basis,combined with China's actual conditions, proposed Improvement of Hearing in administrative decisions,administrative reconsideration,administrative litigation in a number of recommendations.