The Study Of China's Administrative Hearing System

In this thesis, historical institutionalism is used to analyze the factors thataffect the effectiveness of administrative hearings in China. On this basis, thisthesis will reflect the administrative hearing reform and historicalinstitutionalism.This thesis will first study the institutional environment before theestablishment of China's administrative hearing system, then the process ofestablishing and the legal arrangement now. On this basis, path dependencetheory is used to analyze the historical impact for present institutionalenvironment,actors, and administrative culture and philosophy. Then, this thesisconcluded path dependence is the main reason why administrative hearing is notwell-functioning in China.Historical institutionalism scholars usually don't get a sophisticated theoryform by pointing out the decisive variable that can be used to explain something, but to reflect the real situation by studying the relationship and interaction ofcomplex variables. In the thesis, this analytical method of historicalinstitutionalism will be used to analyze the relationship between thevariables—Institutional environment, actors, the system itself and the oldsystem—to find out the fundamental causes that lead to hearing failure. Thispaper concludes that, the macro-institutional environment have affected the legalarrangements which have effected the effectiveness of administrative hearings inChina; traditional Chinese political culture and political practice of CommunistParty of China have affected the administrative culture,which is proved byactors' behavior; government performance evaluation model is also affected byhistorical experience. These variables have affected the performance ofadministrative hearing system together.