Study Of The Legal System Of Administrative Punishment Hearing

The Administrative Hearing is an important symbol of democratization. It is an significant legal system which regulates the public power and realizes the democratization and legalization. The Administrative Penalty Hearing as one of the Administrative Hearings has impacts on the relative rights and obligations. The hearing system is first referred in the "Administrative Penalty Law" in China, which is of very great essence. However, what we have to know is that with the continuous development of hearings, the defects emerge continuously. Therefore, perfecting the Hearing is to meet the needs of times and requirements by the rule of law. The paper carries out on. This paper includes four parts: the first part is about the legislation state of hearing, which fully demonstrates the constant development of the administrative hearing in China, and discusses the reasons why "Administrative Penalty Law" is the first precedent of the hearing in China. It also plays a great role in protecting legitimate rights and interests of the parties, promoting the executive acting according to law and serving people. The second part is on the meaning, the origin and the significance of the hearings. The original meaning of the hearing is "listening to the other party's views". Hearings originated from "the Principles of Natural Justice" in the United Kingdom which is divided into two basic principles in the common law: first, no person is allowed to judge the case related to himself; second, once any person or group in the exercise of powers may affect others adversely, they should listen to the other party's views because everyone has rights to defend himself. American "Due Process of Law" succeeded "the Principles of Natural Justice", later on the hearing was developed in Germany, France and some other countries. In the third part, problems of the current "Administrative Penalty Law" of China on the hearing will be demonstrated in the following parts: the range of hearing of the administrative punishment provisions is too narrow;the requirement for prior information is too simple; the initial of the hearing procedures of administrative penalty just depends on the parties, the subject of hearing is single; the provisions of the subjects on the hearing are not clear;hearings on the effectiveness of the hearing record is not clearly defined, so the hearing records is not standardized and unified, which will affect the conduct of administrative hearing procedures and not fully mobilize enthusiasm of the parties and the main in a certain extent. The last part puts forward suggestions to the solution of these existing problems: the concept of administration and promoting the continuous development of administrative penalty hearing of our country should be strengthened by raising the awareness of the importance of the hearings on the public, the hearing moderator and the executive; the scope of the administrative punishment hearing needs to be expanded; the perfection of the provisions of prior information is necessary;the starting main of the hearing procedures should be extended to other stakeholders and authorizing the executive institution the right of starting the hearing on the interests of the nation, society and the public; fifth, there are the provisions of the main to be improved; it needs to determine "the file exclusive principles" in order to ensure the administrative penalty hearing procedures and strengthen the binding effects of hearing record. In short, the improvement of administrative penalty hearing depends on the integrity of the democratic system and the strengthening of the public awareness of the law as well as the system protection and practice of the legislature and the government. It is believed that with continuous development of the administrative procedures in China, it will promote the building of the legal system and has an important and far-reaching significance to the implementation of the administration according to the law!...