Study Of The Scope Of Application Of Administrative Hearings

Public hearing system is regarded as the soul and core of modern administrative procedure law. Its origin can be traced to the beginning of British and American laws. It is widely adopted by various countries in our time in order to realize the legislative purpose of administrative hearing and to guarantee administrative efficiency and public welfare. Most countries define it as the administrative action made by administrative agencies, which is against the interest of the counterpart and regulate some exceptional situations. Administrative hearing refers to a procedural system in which administrative principle part consults the part interested as to some facts and legal issues before it issues a law, statute or other regulatory documents, which have direct bearing on the duty and, rights of the part interested. At present, China has adopted some public hearings in legislation, decision of price, administrative penalty and license. However, since China starts rather late in introducing this system, there are some shortcomings within the current system. This thesis makes a comparison among public hearing systems in different countries and analyzes the current state of public hearing system adopted in China today. By drawing the good experiences of foreign countries, the author believes that we should extend the application scope of public hearing and raises several suggestions as to the legislation of this scope.