Reflection And Improvement Of Administrative Hearing System

Administrative hearing system is a democratic system in the field of administrative law today an important symbol of one of the country by legal means the administration to give the parties to fully express their views and demands an important way. This system started earlier in western countries, experienced a longer period of time of development, has a relatively perfect and mature, and gradually formed a systematic administrative hearing system. Administrative hearing system in 1996, "Administrative Punishment Law" was first introduced in Chinese law, after lawyers tirelessly to improve the system in the "Price Law", "Administrative Licensing Law" and many other important laws and regulations have received a more specific and detailed provisions for expanding the scope and better protect the legitimate interests of the administrative counterpart to improve executive decision-making more scientific and democratic, the rule of law and civilization have made outstanding achievements, The increase in the extent of the enthusiasm of citizens to participate in administrative decision-making, and to further develop administrative democracy, improve the credibility of the government and contributed to easing and resolving social conflicts. However, due to administrative hearing system in China started late, the development of a relatively short time, so the administrative hearing system must still shortcomings, such as lack of open and transparent administrative hearing, the hearing representative status is not clear, and the selection mechanisms are inadequate, the chairperson position is not clear, the effectiveness of the hearing record and other issues is not clear, so that administrative hearing is "listening without permits," the awkward position, severely weakened the role of the administrative hearing system should, be solved. So, how to learn from advanced foreign experience, combined with China's specific conditions to improve the administrative hearing system, speed up the administrative hearing system developed in China, the rule of law for speeding up our civilization, the process of promoting the rule of law and the maintenance of social stability, has a pivotal role.This is the view of the existing administrative hearing system and how to improve the starting point begin to explore the perfect present for the administrative hearing of the actual proposals and measures system. Full Text mainly in the summary of the successful experience of foreign review process, the actual situation in our country, continue to reflect, explore the system of administrative hearing problems and root causes, and finally put forward a sound and reasonable measures of the system means.Article consists of four parts of the administrative hearing system analyzed and discussed the relevant issues. The first part of the first administrative hearing system is mainly directed against the basic theoretical problems related to elaborate, for the later theoretical basis for the commencement of study. Mainly to explain the concept of administrative hearing system and the characteristics and principles. The type of administrative hearing system more, it is difficult to define the concept of a unified, we can only be combined with the characteristics of its own. Characterized mainly as with quasi-judicial, procedural rigor, impartiality and timeliness of disclosure, and demanding, these characteristics describe the concept of Administrative Hearings. Finally the administrative hearing, the three basic principles, namely the principle of openness, the principle of functional separation and the principle of limited hearing. Through comprehensive analysis of the administrative hearing system can produce a more clearly defined contours. The second part is mainly directed against the current system of administrative hearing the performance of the main problems are analyzed, pointing out that China is currently the administrative system problems. The influence of traditional ideas led to the administrative hearing system is now still lack of transparency, the selection and the status of the hearing on behalf of the embarrassment of hearing, the chairperson is not clear and defined responsibility for oversight mechanisms are inadequate and a series of serious defects, hindering the role of Administrative Hearings full play. The third part is for the issues raised earlier analysis, there uncovered the root causes of problems in this series, later put forward a sound proposal for the foreshadowing. Itself from the administrative hearing system design of the system is imperfect, and law enforcement entities, light weight concept of the internal program error and the confusion of civil rights, the subject is not strong sense of responsibility and other external social factors are analyzed to identify the administrative hearing system of the deepest existing roots. The fourth part is the full text of the article the focus of the article is also the crowning touch, the first article of the Administrative Hearing System for the problems after a full rendering bedding, the part of the targeted key point for the issue, put forward the relevant improvement and development of recommendations and measures for the development of administrative hearing system and improvement to provide relevant information. The main measures include increasing the openness of Administrative Hearings to protect the interested party's right to information and participation rights; improve the way the hearing on behalf of the selection and give it generated enough research right; clear way of selecting the chairperson and moderator for the establishment of terms of security measures; better to address the enhancement of the effectiveness of the hearing record; the final administrative hearing procedure to improve the violation of the relief system and the establishment of accountability mechanisms of Administrative Hearings. Hope that through this series aimed at effective measures to hit the real problems of administrative hearing system vital part to promote the development and improvement as soon as possible.Full-text continuous reflection in gradually on the basis of ideas and put forward a sound basis for better practice that the Government carry out administrative hearing has important theoretical guidance value. Throughout the text, articles, parts of a structured, rigorous logical structure, complete exposition of the administrative hearing system in China's development problems and underlying causes of problems and puts forward a sound administrative hearing system recommendations and measures for the rule of law in China the development of civilization and the construction of the executive government to provide a useful reference.