Hearing The Application Of The System And Perfect

The Hearing System is the core and soul of the Administration procedural laws. As the result of the modern democratic politics, it has played an increasingly important role in the political life of the state. The Hearing system stems from the ancient principle of the natural justice, which is the continuation of the human rights in administrative area. In the year of 1946, the American government promulgated and implemented the Administration procedural laws and for the first time, the administrative hearing system had been clearly stipulated in the written form. Since the opening up and reform in the late 1970s, China began to construct a society ruled by law. Under this general background, the system has gone through a rapid yet steady development in the democratic political process since it was brought in the late 1980s. However, the hearing system is foreign and new thing in China. Due to the slow start of our country's contemporary law system development, the imperfect development of the law theory, the people's late awareness and superficial understanding of the importance about the hearing system, some problems occur during its implementation, which lead to the incomplete manifestation of the original intention of the hearing system. Although it takes the hearing system a rather long period of time to fit in the Chinese society and political system, the reality of the fast social development requires it to speed up its growth and maturity. The hearing system, whose effect on the social development has already aroused the general attention from the society, should be developed in a more justified and effective direction. In addition, we should make big efforts in reforming the present system, turning around the negative concepts as well as promoting its developmentThe term of Hearing has two meanings: broad meaning and narrow meaning. The broad meaning is that the administrative sections listen to the opinions of the person concerned in the procedure; the narrow meaning is mainly about the procedure in which the administrative sections listen to the person concerned in the form of a hearing .IN our country, the definition of Hearing can be analyzed from three levels: First,Hearing is a very important legal regulation in the Law of Contemporary Administrative Procedure.; Second, Hearing is a concrete link of the Administration procedure; Third, Hearing is an important administrative right which both of the parties concerned have access to. Its content includes :Hearing realm, the host of the hearing, the persons concerned, Files regulations and other specific steps of the administrative hearing which can cover every aspect of the legislation and its enforcement. The problems, which exist in the administrative hearing system, are mainly concentrated on the following fore aspects: First, at present stage, the area where the hearing system can been applied is rather limited and far from broad. This problem has hurdled not only the cultivation of the people's hearing awareness but also the hearing system itself while causing the abuse of power in the government. As a result, it will eventually prevent the effective administrative goal form being achieved and affecting the democratic legal process of the entire society. Second, at present stage, the restrictions of the hearing system are still mainly concentrated on the mechanism of direct participation, that is to say, the government has the power to decide to hold the hearing or not. In terms of this, compared to the government, the people is obviously at the disadvantage, which has greatly influenced the role of the hearing. Third, the hosts of the administrative hearing, under the guidelines of the present mechanism, are too much dependent on the government. This problem has largely reduced his independence and justice. There remains a lot of improvement for the employment of the host. Fourth, Nowadays the outcome of the hearing is neither effective nor supervised. So many negative phenomena, such as "Show", "Waste of time", "Listening without substantial action" are now disrupting its advancement in China.And the most important things that are the root of all the problems which are reflected throughout the administrative hearing procedure is our political system and the attitude our society takes towards the Hearing.In order to solve those problems, we should try to perfect our Administration Law, streamline the principles and theories of theregulations, better the rules of the specific procedure, create an effective and complete supervising system, protect the people's interest to the utmost, enlarge the area of the hearing, and facilitate people's role in the direct participation in the policy-making process. Additionally, the law must state clearly the legal rights of the people concerned and perfect the related regulations.The Hearing system is a very important part of the democratic society. It plays a very significant role in constructing a government by the law, increasing the transparency of government conducts, saving administrative resources, achieving administrative goals, advancing the harmonious society and is irreplaceable in developing our country's democracy and laws. We should take every possible effective approach to promoting the betterment and maturity of the Hearing system in order to better keep good social orders, developing the political civilization as well as a prosperous society.