Optimization Of The System Controlling Functions Of The Administrative Hearing

The characteristics of the administrative power itself determine its potential abuse, if not effectively regulated and controlled, the administrative power may results in alienation which will bring great damage to the society, county and its people. Modern administrative law is a comprehensive power controlling law; and procedure controlling method is an effective model of administrative power controlling. Administration Hearing System which ensures the openness and fairness in exercise of administrative power, and which is the soul and core of modern administrative procedure law, has now been applied by many countries. In 1996, China promulgated the "PRC Administrative sanctions Law" in which administrative hearings was applied for the first time, and it's developed and improved in following legislation. As we can see, the establishment of the Administrative Hearing System is relatively later in China, there are some flaws and shortcomings, and its power controlling function remains to be optimized.This paper is divided into three parts, with first part describing the theoretical basis of the power controlling function of Administrative Hearing System, its importance and the specific value, and following by how the Administrative Hearing System power controlling function could be realized. In the second part, this paper investigates the static and dynamic performance on the basis of relevant legislation and case study, and then analysis the defects of power controlling function of the administrative hearing system in China and the reasons for it. The third part is a discussion of the possible optimal path of the power controlling function of the Administrative Hearing System, which is proposed on the basis of the analysis of the absence of relevant mechanisms of the administrative hearing in our country, and this proposal includes the improvement of the administrative hearing system and optimization of relevant legislation related to the procedure of administrative hearing system.