On The Hearing System Of China

The public hearing system is the key part of the modern administrative law, which ensures the value of realizing the transparency, the fairness, and the equity of the administrative process. The Administrative Punishment Law first set up the public hearing system in China in accordance with the requirement of the democratization and the transparency of the modern administration, indicating the developing direction of the administrative activities: transparency, fairness, equity and democracy. From then on, the public hearing system is being utilized more and more in the administrative field. The foundation and the development of it in China not only mean the self-perfection of China's law system, but also indicate the mode transfer of China's administrative activity. Of course, this system is still quite young in China, and there are a lot of imperfect aspects, which are open to further development and perfection. This paper is mainly on the detailed introduction and analysis of the basic meaning, the classification, the function, and the application of the public hearing system. With the deep judicial analysis on the public hearing system, the writer explores the history of the western public hearing system, the effect of China's Law policy on the system, the rule of system's birth and development and the judicial base for the system's existence. It is said that the use of a system lies in the application of it, so the research on the application of the system has more practical meaning. While the fulfillment of a right depends on a proper process, so does the development of public hearing system. The caring-out of it has a close relation with the mode of the administrative processing law. Taking the administrative hearing practices into consideration, the writer will give her own suggestions on public hearing system to help to found a practical one. The development of the public hearing system is a systematic project of the society. The special superiority of it shall make it more and more perfect under China's tradition of democracy and legal system.