Study Of The Informal Administrative Hearing

In the recent years, as the symbol of modern democracy and the core system of modern administrative procedural law, the administrative hearing system plays an important role in protecting human rights and interests and controlling executive power. Therefore, more and more people are interested in studying the administrative hearing system and now it becomes the focus of the jurisprudence. As an essential part of the administrative hearing system, the informal administrative hearing is a legal system, which gives the relative administrative people an oral or written opportunity to state their views of the administrative behavior that impact on their legal rights and interests, the executive authorities don’t have to be based on the record to decide the administrative behavior. The informal administrative hearing with its advantages:simple and flexible, applicable to a wide range of low cost and high efficiency has been paid more and more attention. It not only can realize the objectivity and impartiality of the administrative act, but also can protect the human rights and interests.The construction of the administrative of China is still not perfect, there isn’t any unified legal norms on the informal administrative hearing, and theoretical research is basically blank. Due to the lack of appropriate legal provisions and the existing experience, the informal hearing process has a strong operational, so that it does not play its role in the administrative area of China. How to constructive the informal administrative hearing of China, which is on the basis of the relevant experience of the other countries and the actual situation of China, is in urgent to solve, which is the my motive to write this article.The existence and development of any system has a corresponding theoretical foundation to support and if we want to build the informal administrative hearing of China, we have to use its own corresponding theoretical as a support. In this article, I write the informal administrative hearing on the basis of the general principles of it, that is, the concept of the informal administrative hearing procedures, features, theoretical foundation, function and the relevant experience of American, the actual situation of China and also the balance between fairness and efficiency. I start to put forward some ideas to build informal administrative hearing of China, they are the Chief of the legislative purpose of the informal hearing process, The scope of application, the specific content, the feedback mechanism, and the case of violation of the informal hearing procedures and legal liability.