System Of Administrative Licensing Hearing Research

It has been nearly ten years since the administrative hearing system firstly stipulated in law of the People's Republic of China on Administrative Penalty. Afterwards, several laws also stipulated hearing system. With the rapid development of hearing system in China, lots of people are showing great enthusiasm for it, but much more people are regarding the hearing system just as an ornament. They are disappointed to the administrative hearing system of China. Administrative organs only perform a series of procedures show according to the regulations stipulated in related laws. Why does this situation occur? The answers to this question may be plentiful: we can blame the related law for being too coarse, the operable measures for being too simple, the legal spirit of administrative organs and ordinary people for being weak and so on. But the main reason is simple: the legal effect of hearing record is not definite, leading to the lack of restricting effect to the administrative organ that makes administrative decision. None of the laws that have stipulated hearing system stressed much on the legal effect of hearing record, i.e. the administrative decision must be based on the hearing record and all evidences outside of the hearing procedure may not be adopted. If the administrative organs are allowed to adopt the evidences that are not recorded in the files, the thick files resulted from hearing procedures will be useless as rubbish. Fortunately, the law of the People's Republic of China on Administrative License promulgated on August 27,2003 carried out an outstanding renovation on hearing system, which is a great step forward. For example, the law established two important principles: firstly, the administrative decision must be based on the hearing record, and secondly, the benefit-related parties are allowed to participate in the hearing procedure. The first principle definitely demand the administrative organ to make decision strictly according to the hearing record, which prevents the administrativeorgan from wantonly making decision regardless of hearing result. The second principle provides a special benefit protection for benefit-related parties and ensures reasonable assignment of social resources. In spite of above advantages, the functions of administrative license hearing system are affected by some shortcomings. The thesis aims at exhibiting the strong points and disclosing the shortcomings of administrative license hearing system. The thesis evaluates the regulations related to hearing system such as procedure subject, procedure assurance, the legal effect of hearing result ,etc. Based on analyzing the regulations of hearing system in administrative license law and drawing experience of other countries for reference, the thesis also puts forward some suggestions to perfect the administrative license hearing system.