The Present Situation And Improvement Suggestions Of The Administrative Punishment Hearing Procedure In China

The hearing procedure of administrative penalty refers to the procedure in which the administrative institutions listen to the statements and defenses of the parties in legal form, allowing parties and administrative law enforcement personnel to cross-examin and debate, before making significant administrative penalty decisions.As the core system of modern administrative procedure, the hearing procedure of administrative penalty can control administrative power by listening to the other party’s views, balance between personal interests and the public interests, and prevent the abuse of administrative power. In this sense, the hearing procedure of administrative penalty obtains wide concern and attention from countries and regions of the world.The hearing procedure of administrative penalty is first referred in the "Administrative Penalty Law" in our country in1996, which opens up an important path to seek social justice in legal system. Governments at all levels had issued a series of administrative penalty hearing procedure, and devoted to establish and improve it. To a certain extent, the hearying procedure of administrative penalty hearing procedure play a part in finding out the facts, controlling the abuse of executive power, and protecting the people’s legitimate rights and so on. It has been16years ever since then, however, with the development of hearings, the defects emerge continuously. In order to adapt to the reality of developing, governments at all levels have been quietly overtook the limits of the law when using the hearings. Therefore, it is necessary to research the fundamental theory and applying situations.Offering a proposal to improve administrative penalty hearing procedure is valuable.Based on the above consideration, the structure of the thesis is as follows:the first part clarifies the basic theory and legal basis of the hearing procedure, as well as the basic functions and principles of administrative penalty hearing procedure, so as to demonstrate the value of procedure. The second part analyses the problems of applying situation about China’s administrative penalty hearing procedure. The third part discovers the advanced legislation experience through a comparative study of the world Administrative penalty hearing procedure. On the basis of summarizing the dissertation, the last part puts forward to the value orientation of administrative penalty hearing procedure, the improvement recommendations of optimizing legislation and specific implementation measures.