A Study On The Legal Effect Of Administrative Hearing

The effectiveness of the transcripts of administrative hearing, that is, in administrative legislation, the administrative decisions, administrative reconsideration and administrative proceedings, whether the record has the effect of exclusion. The legal effect of administrative hearing record is not uniform in the aspect of administrative legislation, in the level of administrative decision, the validity of the administrative hearing transcripts is not unified, in the administrative reconsideration and administrative litigation, the effectiveness of the hearing record has not yet made clear. The administrative hearing transcripts is the exclusive effect, scholars have not yet formed a unified opinion.This paper consists of five parts.First of all, this paper makes a brief review of the origin of the hearing system in China. After that, the definition of the record of the administrative hearing and the meaning of the record of the administrative hearing were defined. This paper also briefly introduces the relevant provisions of the effectiveness of the administrative hearing in other countries, and on this basis to explore the mode of our country. This paper analyzes the present situation of the effectiveness of the administrative hearing record in our country and points out the defects of the existing rules, and puts forward some suggestions for these problems in practice.The main innovation of this paper is that through the comparison of different programs that the effectiveness of the administrative hearing transcripts in different procedures should be different:in the administrative decision level, through the analysis to the administrative licensing and administrative punishment, it is concluded that both the relative significance is not the same, generally speaking, punishment is invading benefit behavior, to the administrative hearing transcripts for the punishment decision is made based on, can limit the power of administrative organs to protect the relative people’s role. Permission is granted benefits behavior, generally on the applicant’s qualification requirements higher and some major administrative licensing decided to combine expert appraisal opinions, scientific assessment report and related expert opinion to comprehensive consideration. In the administrative reconsideration level, not only "efficiency" and ignore "justice", the scope of review of the administrative reconsideration organ shall not be limited to the record of the administrative hearing. In administrative lawsuit, as the final relief channels of administrative litigation, should be to maximize the possibility for the parties to provide relief.If the court only review the administrative hearing transcripts, it may lead to substantial injustice. And from the point of view of nature, the administrative hearing transcripts by its nature, is a kind of documentary evidence and should be used as one of the methods to understand the situation,but not the only method.Therefore, in different procedures the effect of the administrative hearing transcripts can not be generalized, it should be combined with the specific analysis of different programs.