The Theoretical Significance Of The Administrative Hearing And Reality Situation Analysis

As a very important system for citizen to participate in Administration, hearing has been the com of administrative procedural law in many modern countries. With the development of administrative jurisprudence, China has established the basic regulations of it in the Punishment Law of PRC, the Price Law of PRC, the Legislative Law of PRC and the Administrative License Law of PRC. The establishment of the system of hearing in China is an enormous challenge to the Chinese traditional culture, which has been existing thousands of years. It makes the conventional notion a complete change in legal system; It embodies the principle of demos' democracy in the administrative field; It is an effective method to dominate the expansion of administrative rights; It is the best approach to ensure the rights and interests of the relative party; It is the best balance point to pursue equity and efficiency; It is an efficient way to harmonize the benefits and avoid conflicting. But there still exist some serious in adequacies within this system at present, just because the brevity of existence, lack of the related experience, and sufferance from our country long-term political tradition. The paper analyses the actuality of the hearing in China on the base of related theoretics, and put forward some counter-policies and reflection. The paper totally has five parts.The first part narrates the basic theories about administrative hearing procedure, include concept, legal principle foundation, basic principle and main classification of administrative hearing. Second part explained the value of administrative hearing especially. As the core of administrative procedural law, administrative hearing has the same merits as that the normal procedure has. And it also accords with the request of modern administration: justice and efficiency. So it is very valuable in theory. The third part mainly focuses on engender and actuality of the hearings in China. The fourth part analyses the primary problems in administrate hearings of China at present, based on the classification to administrative factual act and administrative abstract act. The last gives some counter-policies and reflection according to the problems put forward in fourth part.