The Research On Several Questions About China's Hearing Of Administraction

Hearing of administrative is the administration procedure law which private party in administration present their opinions about some important facts before administrative agency make the decisions that affects his rights and obligations, Administrative heating procedure is central system of modern administration procedure law It can limited the power of the government,realize the scientific of the administration decision,and it also can ensure citizens,legal persons the right to obtain the state protection.It is the valid measure to direct the administration power and to prevent its corrupt Hearing of administrative can promote the connection to the international world and satisfy the request of WTO.And il affects the progress of running the country to law.So it is meaningful to develop and perfect the hearing of administrativeThis thesis consists four parts.The First part:Administrative hearing system elementary theory. This part elaborated the administrative hearing system concept, the nature, the value, the characteristic, the basic principle, the origin and the legal principle theory of law foundation. The hearin is the administrative main body in makes the influence administration relative person rights and interests before the administrative decision, gives the administrative relative person to publish the opinion opportunity, and on correlation fact and legal matter hearing administration relative person opinion legal proceeding. The administrative procedure has fair and the efficiency two value goals.The hearing procedure has gradualness, the examination, topicality, openness characteristics and so on the accurate judicature. Follows fair, public, convenient and the efficiency basic principle. The hearing procedure production has its deep legal principle theory of law foundation.Part two China's heating system and reality. The administrative hearing procedure's establishment, regarding safeguards citizen's to have the very vital significance in participation social life administrative right. Our country promulgated the implementation in 1996 "the People's Republic of China Administrative sanctions Law",first time has stipulated the administrative hearing system. Afterward the price method and the legislative law further expanded the hearing system's content, enabled it to obtain in our country has further developed and consummates.In July,2004 implemented the administrative permission law, was our country hearing system legislation another tremendous progress.The third part:Our country administration hearing system and existence main question. The administrative hearing system not yet becomes the universal suitable general in our country system, mainly sees here and there about the hearing stipulation in the middle of several unisexual law. Lacks the unification the legislation stipulation; The participation hearing main body universality is short of; Hearing representative ability is short of and so on. The official hearing applicable scope too is narrow also is unreasonable; The director appoints is short of the neutrality, the director lacks and so on specializedly.Part four some measures are proposed to improve the existing problems in current.First,enlarge the scope of the system application to a proper extent.Crystallize the principle and criterion of the application scope and enlarge the application range to other kind of administrative penalty.clafi the independent position of the hearing officer and the rights.Establish supervisor mode which adapt to national conditions.constitute the supervisory and relief machines.Establish multiple stage administrative heating supervisory machines,Crystallize the responsibility that be taken the subject of administration infraet the right to learn the truth and the right of pleadings.Establish administration hearing duty charging system and remedies machine.cladfy the legal effect of administrative records of hearing.Make explicit prescription in legislation that the record is the only foundation for the administrative organ to make decision and ordain the responsibility must be taken if someone acts against it.