On The Legal Effect Of Administrative Hearing Transcripts

The State Council, "Implementation Outline for administration according to law," clearly stated the government of China will establish the rule of law, the relevant legislation is also made a series of regulatory and control of the executive power requirements. However, in the administrative hearing system and the legal effect of the hearing transcripts, the current legislation there are still a lot of problems and defects, leading to practice all kinds of issues abound. So, clearly administrative hearing transcripts in the administrative decision-making and administrative decisions and the legal effect of both administrative hearing system to achieve fairness, democracy, scientific role of the practical significance, but also scholarly research on the forefront of the necessity and significance. As China's legislation and practice, the development of the administrative hearing system, administrative hearing system of wide public concern, but because of the lack of unified administrative procedure law, the administrative hearing system of many systems, particularly the effectiveness of administrative hearing transcripts no clear, uniform, shall be clearly defined by legislation, transcripts of hearings in the administrative decision-making with a basis for the effectiveness of the organization through the establishment of the administrative hearing to respond to the main system to be determined. In the field of administrative decisions, administrative hearing transcripts should have important legal validity, that is an administrative decision-making must be based on transcripts as an important basis for administrative hearing, unless there is clear proof of facts or evidence to the hearing transcript does not reflect the objective real facts, or administrative body shall not be made to the hearing, the party is not aware of evidence or fact-based administrative decision. An administrative decision is made, if the parties accept the decision of the executive to apply for administrative reconsideration or institute administrative proceedings if, in these administrative relief phase, there are certain administrative hearing transcripts of the legal effect of the evidence as its effect, the hearing transcripts submitted to the administrative body of the binding, terms of reference of the review bodies to review the methods also have the appropriate legal effect. In addition, the effectiveness of transcripts and administrative hearings related to a number of issues must also be concerned about. First, because China's current legislative provisions in the administrative hearing system for both the formal hearing, another informal hearing, but the informal hearing requirements and emphasis are totally inadequate. Therefore, it should be formal hearings and informal hearings on the reasonable position to make it play a better role. Second, Chinese scholars in the administrative hearing transcripts of the legal effect of the most right to establish "files exclusivity principle" be affirmed. But the United States "files exclusion principle" with our current system there is a clear difference. Therefore, we can not simply transplant "files exclusion principle."...