Font Size: a A A

Administrative Penalty Hearing Procedure Research In China

Posted on:2013-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2246330395953084Subject:Law
Abstract/Summary:PDF Full Text Request
This paper discusses the administrative punishment in the system of public hearings. The so-called administrative penalties in the hearing system is that before the executive authorities make significant administrative penalties, the relative people should know in the affected relative to the legitimate rights and interests, the relative people to express their views, the executive authorities to listen to the statements and arguments of the relative people and provide evidence and the executive authorities listen to the views accepted the evidence in the proceedings of a legal system.Hearing derived from common law represented by English and America. As the core system of administrative procedural law, it is widely adopted by every democratic country. British principles of natural justice require the authorities to make decisions unfavorable to others must listen to the other side, everyone has the right to defend themselves. Based on the consideration, China’s1996《Administrative Punishment Law》, the first in the field of administrative punishment provisions of the hearing procedure, which is China’s administrative procedures of the an important breakthrough, a milestone of great significance of Legislative Council. However, the stipulation about hearing is over simplified, and the lack of more detailed supporting regulations, especially the important system of the building less clear and specific, it has lots of flaw in the theory and system.Based on the above discussion, the paper first state hearing system’s basic theory and principles, demonstrating the value of the system; secondly, the 《Administrative Punishment Law》 to the provisions of context, combining punishment practice, and discussed China’s administrative penalty hearing and the status are the main problem; Further more, the reference to domestic research results and hearing practical experience, learn from foreign advanced legislative hearings, administrative punishment to improve our System of public hearings. Only so, a hearing system that is filled with modem law spirit can create in China.
Keywords/Search Tags:Hearing procedure, Administrative procedures, Administrative penaltyhearing
PDF Full Text Request
Related items