Procedural Rights Of The Administrative Hearing Process Relative Protection

As the core of the administrative procedure system, the administrative hearing system symbolizes the civilization of administrative and legal system of modern states, since it reflects emphasis on administrative democracy, the rule of law, and human rights. In the hearing system, administrative counterpart's procedural rights are the basis to maintain fair and Justice, which has recently become a focus in law circle and legislation. Thus, it is of great significance to standardize the procedural rights so as to guarantee the administrative counterpart's rights to know, to participate, and to defend; to further the transparency of administrative action and policy-making of the government; to balance public rights and private rights; and to realize justice, preciseness, and democracy of the administrative hearing system.The Law of the People's Republic of China on Administrative Punishments' coming into effect on October 1, 1996 provides for an administrative penalty hearings. It makes the provisions of administrative counterpart's procedural rights in legal form, which is a successful attempt to bring in and localize the advanced foreign legal system and experiences. What's more, Administrative License Law of the People's Republic of China issued in 2004 has improved the provisions of the procedural rights. In recent years, the hearing system in China had made significant progress at all levels of legislation and practice. However, it still has weak points and needs promoting.This paper attempts to analyze the problems existed in China's administrative counterpart's procedural rights, theoretically and practically. Then provides several propositions based on the experiences of other countries.The first chapter gives a brief introduction of the hearing system and administrative counterpart's procedural rights. Through analyzing the concept and classifications of China's hearing system, it points out that the value of the administrative counterpart's procural rights is to ensure the realization of the right entity, to coordinate public and private rights, to promote democracy and to maintain the concept of fairness and justice.ChapterⅡanalyzes the legal provisions and administrative operations about administrative counterpart's procedural rights in common law and civil law countries. It sums up the experience and discipline in order to improve China's administrative counterpart's procedural rights.ChapterⅢreviews the development of China's hearing system and points out the problems of our administrative counterpart's procural rights. ChapterⅣprovides propositions on how to improve our administrative counterpart's procedural rights. That is, to carry out the legalization of national administrative procedure, to create a system of independent hearing manager, to regularize the selection and structure of hearing representatives, to restrict time limit for administrative hearings, and to improve the supervision and relief mechanisms of the hearing.