A Study On The Hearing System Of Administrative Punishment In China

With the Ministry of public security2013"motor vehicle driver’s license application and use of the provisions" of the formal implementation,the traffic punishment has been paid more and more attention.In our country, the traffic punishment, as one of the more common administrative punishment, is closely related to people’s life.In fact, in addition to traffic punishment other administrative penalties we can also often see in our daily life, and even to experience.Administrative punishments as an administrative organ for administrative relative person to the specific administrative act, the administrative relative person’s legitimate rights and interests will produce certain effect.If the decision is made by an administrative organ of the punishment of specific administrative violations of the legitimate rights and interests of the relative people of administration, the administrative relative person shall, by what means to safeguard their rights and interests is what we need to consider.Administrative reconsideration and administrative litigation are two legitimate ways that the administrative relative person can take to protect their legitimate rights and interests.But these two ways are applicable scope of statutory, once beyond this range, what should we do?This is that problem discussed in this paper, by means of the administrative hearing system to safeguard the legitimate rights and interests of citizens.The administrative hearing system is introduced by China’s "administrative punishment law" since1996,it has obtained a certain degree of development.But so far there are still many problems.In this paper, we talk from the origin of the hearing system.By analyzing the specific problems of the hearing system in our country at present to find measures to improve the system to promote the development of this system, in order to make it play a greater role in the field of administrative punishment, to better regulate the administrative organ to exercise the administrative punishment power.