On Problems And Improvements Of China's Administrative License Hearing

On the basis of summarizing the legislative and practical experience, Administrative License Law enforced on 1st July, 2004, established the system of administrative license hearing. Following ways and means of Administrative Penalties Law, Administrative License Law stipulates the hearing procedure by way of special chapters. Moreover, it improves the hearing system and especially establishes the principle of files exclusivity at the first time. However,it is only a limited period of time for the development of hearing system and the popularization of hearing ideology. Additionally, relevant administrative procedure acts still haven't been enacted. Therefore, there are still lots of problems existing in current implementation process of China's administrative license hearing.This thesis precisely analyzes relevant articles of the hearing procedure in Administrative License Law as well as elaborates on the concepts and basic theories of administrative license hearing. Meanwhile, aiming to the legislation status quo of China's administrative license hearing, it also emphasizes the deficiencies existing in start-up conditions of the administrative hearing, the informing and notifying system, the personnel selecting system and the hearing dictation regulation. And on the basis of using the experience of administrative hearing of our country and other countries for reference, it offers targeted suggestions on how to improve. Moreover, it briefly analyzes the special method of echo license and multi-license in the process of administrative license, then it brings up the method of"joint hearings".