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Rational Seized Think Of The Administrative Hearing And System Improvement

Posted on:2005-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q L ZhouFull Text:PDF
GTID:2206360125957811Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the promulgation and implementation of the PRC Administrative Penalties Law , the administrative hearing was put into effect from the theory in China . Then, the PRC Price Law , the PRC Legislation Law , the PRC Environmental Impact Assessment Law and the PRC Administrative License Law had early or late established the hearing institution with in the relevant realm . The administrative hearing has already become a core institution of the administrative procedure in China. The rational investigation and discussion on it would have great significance for perfecting the administrative hearing institution. A the general theory on administrative hearing. The hearing derives from British natural justice doctrine. The word of hearing right come into being in 1732. The institution had a great development in America, and became the core of due process of law in American constitution. Not only the America and the Britain had developed the hearing institution, but the continental law system countries such as Germany, France , Spain , a Austria , etc also established the administrative hearing institution . With regard to the modern world, the hearing has become the important embodiment and indication of the administrative democracy of the modern country.The administrative hearing is defined a legal processing that the subject of administration should give the administrative counterpart a chance to expires his opinion and heed the viewpoints of the administrative counterpart on the related facts and law before the subject of administration mades the administrative decision that may have influence on the right of the administrative counterpart. According to different types , in which the most influential types are that , the hearing can have formal and informal according to the complication of hearing ; the hearing can also have the hearing of administrative legislation and the hearing of administrative determination , according to the nature of the heard issue . No matter how to classify , the general trend of administrative hearing is that its scope is developing and enlarging. The procedural value of administrative hearing has determined that the principles of the open hearing , the counterpart participation that the principles of the open hearing the counterpart participation impartial consideration of justice and efficient should be slicked to andfulfilled in the institution design and in practiceB the legal status quo and comments on the administrative hearing in chinaThe PRC Administrative Penalties law first interceded the institution of administrative hearing in china in the general rules and in the general rules and in the determination procedure of administrative penalties of the Law, the informal hearing is stipulated that the party related has the right of statement and explanation. Also in the Law, the formal hearing is stipulated in a special section on the application scope, the notice of hearing, the open principle, the host of hearing, the agent or attorney, record of hearing, expenses of hearing, etc. It is also clearly stipulated the it can not be valid if the administrative subject disobey his duties on hearing. After the promulgation of the law, the ministry or commission under the State Council made detailed regulations on the penalties procedure, in which the supplement to the hearing notice, the confirmation of hearing right of the third party, and the exclusive principle of case were creatively introduced, which has a active significance for perfecting the hearing institution of administrative penalties.Then, the PRC Price Law that was executed on Maylst, 1998 introduced the hearing into administrative determination. The scope of hearing was extended from the specific administrative act to the abstract administrative act. Followed immediately by the legislation law, in which the hearing of legislative procedure was stipulated in principle. The State Council modified, in order to execute the PRC Legislation Law, the Ordinances of procedure for formulating administrative regulation...
Keywords/Search Tags:Administrative mode, Procedure, Administrative hearing
PDF Full Text Request
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