The Improvement Of The Theory Of The Administrative Hearing System In Our Country

Hearing is the opinions shall be verified. As an important legal system, the hearing the earliest produced in modern capitalist country’s judicial practice, its theoretical basis is the result of natural law in the common law principle of fairness and justice. Broadly speaking, hearing mainly includes legislative, judicial and administrative hearing testimony. Administrative hearing refers to the administrative organ before to influence the other party the rights and obligations of administrative behavior, in order to safeguard the legitimate rights and interests of administrative relative person, to listen to the other party, guarantee the administrative decision fair and reasonable procedures. In most cases, it shall be presided over by a certain administrative organs, the administrative relative to participate in, around a particular problem for proof, proof and justification. Hearing as an administrative authority of administrative decision in front of a stage, belong to the part of the administrative procedure, not the whole process of administrative procedures, is one of the important forms of democratic participation in the administrative relative person program, its essence is through the social security administrative relative person’s rights, the administrative organ of the administrative power effectively restrict, in line with the modern rule of law the basic requirements of administrative justice, openness, fairness. At present, the hearing has become the world’s countries to the core of modern administrative procedural law system program. In recent years, the hearing system in our country also carried out dynamic, except in accordance with the law of the People’s Republic of China on administrative punishment law and the public security management punishment law of the People’s Republic of China on administrative penalty hearing, for the hot issues of common concern to the social from all walks of life, also gradually begun trial hearing system. As an important legal procedure, the hearing system from safeguarding the legitimate rights and interests of citizens, legal persons, other organizations and supervise administrative organs in accordance with the law and justice administration plays an increasingly important role. But what is undeniable is that due to the complexity of historical accumulation and realistic factors, as an exotic, the present system of administrative hearing of our country and some of the modern country under the rule of law, compared to mature hearing system in running environment, organization system, the applicable scope, the specific rules and implementation process there are some problems, such as in hearing system implements the effect is still not perfect, some places appeared "to instead of the" strange phase, some hearing even dubs will "" listen up, hearing procedure become a mere formality, not a good guarantee of the hearing in an objective and fair, public and have high expectations from the original also become lazy to participate, these are highlights the hearing system in our country, it is necessary to reform the administrative law is still a long way to go, this is also this paper will discuss the focus of the problem. This article from the basic concept of hearing system theory, legislation and practice of public hearing system in our country present situation, the current main problems of the hearing system, some Suggestions to perfect the hearing system and so on several aspects, system analysis and practical value of the basic theories of administrative hearing, the main defects existing in the current administrative hearing system in our country, put forward measures to consummate the administrative hearing system.