Research On The Legal System Of Administrative Hearing

The legal system of administrative hearing is on basis of nature justice and dueprocess in western countries, where profound legal system of administrative hearinghas been established to protect the people’s right and restrains the administrativepower. In China, the legal system of administrative hearing has also been establishedwhich reflects the progress towards to rule of administrative law.However, after the research on China’s legal system of administrative hearing,we found that there are still many points to be improved such as: the launch powerallocation is not standardized; the applicable scope is too narrow; the hearingrepresentative selection is not clear; the status and duties of administrative hearinghost is not regulated; the validity of hearing records is also not clear in current laws.The problems above causes the administrative hearing is to be the form. So it isnecessary to solve the problems above and to promote the improvement of the legalsystem of administrative hearing.The reasons are as below: firstly, the wrong ideas such as “lay more emphasis onsubstantial law than procedure law” and “public power first while civil rights second”still exist and cause the legal system of administrative hearing can not play animportant part in legal practice. Second, the legislation of administrative hearing hassome flaws still as lack of systematic integrity which causes the articles ofadministrative hearing are found in different laws. Thirdly, other related systems suchas government information publicity and legal supervision are too weak to provide asupport system.This dissertation researches the fundamental legal theories of administrativehearing and related legal system in other countries. This dissertation maintains somepoints as below: the power of launch administrative hearing process should lean to theadministrative counterpart and the interested person; the applicable scope should beextended stage by stage; the hearing representative selection should be clear and basison justice; the law should make it clear of the administrative hearing host’s legalstatus and duties. The hearing records’ validity should follow the principle of caseexclusiveness.In conclusion, the legal system of administrative hearing should be seriouslytreated in current and future legislation to promote the process to establish agovernment ruled of law.