Administrative Penalty Hearing Procedure Research In China

In1996by the law on administrative punishments of hearing of witnesses is the executive authorities before you should follow the punishment decision an important program, this created the process in the firsts. Hearing of witnesses in western countries have a long history, the introduction must be a great deal to improve our administrative law level. Administrative organs at various levels in order to better carrying out this important regime, to clarify provisions at their respective areas These provisions of the procedures for the promotion and development played an active role Then, hearing the application was extended to the government pricing and administrative legislation and administrative license and other administrative areas. Can see that the application in our country’s the ten years of ecstatic.However, administrative punishment hearing the application in practice has some problems. It also helped us to study it for further. We comprehensive use of information law texts, comparative analysis, empirical research method and so on. Briefly introduced in this respect more sophisticated some countries, analyses their scientific rules and practices, hoping there will be our country to learn, to improve and perfect our administrative punishment hearing to procedure. It has four parts:The first part is in the overview of the system, including the system of the origins and development. Two major theoretical foundations are the natural justice and proper legal procedures. To two major family of law, typical of the three national——the United States, Germany and Japan are briefly introduced, and had a comparative study between them.The second part, mainly introduces the application in our development process. The law on administrative punishments to establish the hearing of the application of china is of great significance. Administrative organs for hearing at all levels of procedure formulated more specific regulations and normative document to’our hearing the application has been considerable development.The third part, the main means of our administrative punishment hearing according to the program issues. In the application of the host of choosing and independent, and the minutes of the standards and effectiveness of these three aspects of the specific issue. Description and analysis.The fourth part is primarily directed at the front part of the problems and solutions and suggestions. Hearing procedures should be appropriate to expand the scope and to establish hearing the right to access system and strengthen supervision, standardizing the minutes of the content, the minutes of the effectiveness of such evidence as Administrative Proceedings Law of People’s Republic of China.Conclusion:Emphasis on improving administrative punishment hearing procedure is a step by step process, hoping the procedures to further improve the efficacy to improve our administrative law level make a greater contribution...