Improvement Of The Administrative Penalty Hearing System And Recommendations

This paper discusses the administrative punishment in the system of public hearings. The so-called administrative penalties in the hearing system is that the executive authorities in the affected relative to the legitimate rights and interests of the decision, the decision by the executive grounds and hearing rights, the relative people to express their views, to provide evidence and the executive authorities listen to the views accepted posed by the evidence in the proceedings of a legal system.Hearing system as a basic administrative procedures of the core system, used by the countries widely. Constitution of the United States according to due process provisions of the development of a more comprehensive hearing process. British principle of natural justice require the authorities to make decisions unfavorable to others must listen to the other side, everyone has the right to defend themselves. France called the hearing procedures confrontation. Important administrative punishment of the parties involved large property and other important rights, in particular the need to be cautiously treated.Based on this consideration, China's 1996《Administrative Punishment Law》,the first in the field of administrative punishment provisions of the hearing procedure, which is China's administrative procedures of the Legislative Council an important breakthrough, a milestone of great significance. However, because of the《Administrative Punishment Law》has been practiced for 10 years, and the lack of more detailed supporting regulations, especially the important system of the building less clear and specific and, therefore, during the actual operation of its shortcomings have been gradually becoming apparent. With《Legislation Law》,《Price Law》,《Law on Administrative Licensing》have been introduced, the scope of the hearing from the original field of administrative punishment gradually to other areas of administrative decisions, administrative decision-making areas and the development of abstract administrative acts areas of legislation extension. Practice, the hearing procedures should be shipped already gone beyond the scope of the legal requirements mentioned above. Hearing that the core of procedural justice system has become increasingly widely attracted the world's attention. Therefore, about detailed hearing system's basic theory, theory of hearing grasp of the latest research trends, promptly summed up the experience of the previous hearing, improve the administrative punishment hearing procedures become a very valuable task.Based on the above discussion, the paper first state hearing system's basic theory and practical application of the principles, demonstrating the value of the system; Secondly, the《Administrative Punishment Law》to the provisions of context, combining punishment practice, and discussed China's administrative penalty hearing and the status quo are the main problem; Furthermore, the reference to domestic research results and hearing practical experience, learn from foreign advanced legislative hearings, administrative punishment to improve our system of public hearings Some measures; Finally, in the concluding remarks on the basis of further improving the《administrative Punishment Law》proposal.