Analysis Of Administrative Licensing Hearing System

System of administrative hearing is product of modern democratic politics and the core of administrative procedure. Countries under the common law system, such as Britain and America, etc., and those under the continental law system, such as Germany and Japan, attach great importance to the concrete application of administrative hearing in the administrative procedures and take it as an important system and embodiment of legitimate procedures, insurance of human rights and democratic politics.In China, administrative hearing is also widely admitted in the procedure of making policy and enforcing law, especially in the Administrative License Law of the PRC, which is stipulated most comprehensively. System of hearing is set in the formulation and implement of the administrative license, which holds great importance to protect the legal rights of the citizen, legal person as well as other organizations, and to ensure and supervise the administrative organ to perform the administrative management effectively. However, system of administrative hearing started very late in China. With the influence of traditional management pattern and without a set of unified administrative procedural code that stipulates each system in the procedure of the administrative hearing unitedly and ail-inclusively, some stipulations of the system of administrative licensed hearing need to be perfected.In order to more clearly and explicitly analyses and modify the existing problems in the system of administrative licensed hearing, the writer divides the discussion into three parts.Part One, common theory of the system of administrative hearing. In this part, proceeding from the present standpoints of academic circles, it comprehensively discusses the notion of hearing and administrative license, the profound meaning of introducing the system of hearing to administrative license and the general principle of the system of administrative licensed hearing.Part Two, main problems existing in the present system of administrative licensed hearing. In this part, combining the stipulations of present administrative licensed law with the common theory of the system of administrative licensed hearing, it analyses the existing problems and points out the unfavorable impact caused by them in the establishment of thesystem of administrative licensed hearing, by way of starting with nine important aspects, that is. the system of hearing in the formulation, the scope of hearing . the starting pattern of hearing procedure, the system of hearing chair, the system of informing , avoidance and special situation, hearing record and the supervision and responsibility.Part Three, conception of perfecting the system of administrative licensed hearing. In connection with the problems found in part two, combining the development of the system of hearing in foreign countries and the practicality in China, it puts forward some constructing proposals to modify and perfect the system of administrative licensed hearing.