Exclude The Application Of Administrative Hearing Procedure

Public hearing system is regarded as the soul and core of modernadministrative procedure law. Its origin can be traced to the beginning ofBritish and American Saws. It is widely adopted by various countries inour time in order to realize the legislative purpose of administrativehearing and to guarantee administrative efficiency and public welfare.Most countries define it as the administrative action made byadministrative agencies, which is against the interest of the counterpartand regulate some exceptional situations. Administrative hearing refers toa procedural system in which administrative principle part consults thepart interested as to some facts and legal issues before it issues a law,statute or other regulatory documents, which have direct bearing adoptedon the duty and, rights of the part interested. At present, China has somepublic hearings in legislation, decision of price, administrative penaltyand license. However, since China starts rather late in introducing thissystem, there are some shortcomings within the current system. Thisthesis makes a comparison among public hearing systems in differentcountries and analyzes the current state of public hearing system adoptedin China today. By drawing the good experiences of foreign countries, theauthor believes that we should extend the application scope of publichearing and raises several suggestions as to the legislation of this scope.