Study On The Procedure Of Administrative Punishment Hearing In China

Hearing derived from common law represented by English and America. As the core system of administrative procedural law, it is widely adopted by every democratic country. In our country, we first introduced the hearing concept and system in "Administrative Penalty Law" passed in 1996, which is a great progress in our country's democracy and legality construction. However, the stipulation about hearing is oversimplified and the rank of related Laws and regulations are too low, it has lots of flaw in theory and system. We should absorb the reasonable core of western administrative hearing origin and construct a complete rationale and develop it, then to form solid social basis of administrative hearing legislation. On this social base, we should consummate the hearing system. Only so, a hearing system that is filled with modern law spirit can create in China.