Improve The Administrative Hearing System Countermeasures

The system of administrative hearing, the necessary result of the modern democracy, is central system of modern administration procedure law. Since "administrative penalty law" established administrative hearing in 1996, it was prescribed in detail in "price law", "legislation law", etc. it applies more and more widely and plays an important role in ensuring rights and interests of the other side of the administrative, realizing the scientificity and democratization of the administration decision. But a number of defects and deficiencies exist yet in our country's present administrative hearing system compared to western countries, such as the lack of transparency, the nondependent legal status of the host, the ambiguity of record and the faultiness of the system itself, because it was not a long time since introduced from foreign countries. And how to use the western countries' experiences for reference and integrate our practicality is very significant, in order to develop and perfect our country's administrative hearing. The gradual development and perfection of our administrative hearing system will promote the progress of administer the country to law, realize the scientific integration with our country's active law system, and broaden the channel for the public to participate in the administrative decisions. So we should accelerate building the system of administrative hearing, perfect it further, make it thrive in our country, and realize the value objective of democracy and equality.My thesis launches describing from three aspects, the introduction, the text, and the conclusion.The introduction covers the background, the study status inside and outside, and the study means.The text is divided into four parts. Chapter one introduces theconnotation, the characteristics, the basic principles, the nomological foundation, the social background, the legislation and the practice. It also covers the provisions about the system in the active laws and rules, and the analysis of the system's value and function. Chapter two relate narrate the problems existed in our country's administrative system. The system lacks transparency and publicity. The range of administrative hearing is narrow. The participator of administrative hearing, the other side of the administrative organ, its representativeness is worth considering conscientiously. The rules of the host's legal status, duty and authority are ambiguous. Then the thesis analyze the problems and gives the reasons, such as the weak consciousness of civil laws and rights, the inadequacy of the specific system building for carrying out the administrative hearing, and the traditional unenlightened ideas of making light of procedures and paying more attention to entity. Chapter three bring forwards several ways to perfect our country's administrative hearing system. It launches analysis from three points of view, the running conditions, the range in point and strengthening the transparency of the administrative hearing. Chapter four gives the other measures for perfecting our country's administrative hearing system, such as clearing up the legal status of the participators and completing the related relief system.The conclusion sums up the whole thesis and look forwad the development of our country's administrative hearing system.