On Improvement Of China Administrative Hearing System

Public hearing is the core system of modern administrative procedure, which isan important method for people to participate in administrative procedures. In thehighly developing democratic legal system of today, with the moving forward ofprocess of democracy and legality, the continuous improvement of citizens’participation awareness and legal awareness, hearing system, as the key symbol ofdemocratization, appears,more and more superiority. From20thcentury on, hearingsystem is widely applied in many countries, and it’s developed and optimizedcontinuously. Hearing system plays a very important role in ensuring citizens’ legalrights and interests, preventing and limiting the abuse of administrative power.Hearing system is the core process of administrative procedure system, it makesadministrative counterpart describe their ideas sufficiently, which guaranteesadministrative counterpart fairly participate in administrative actions made byadministrative organs, so that the legitimate rights and interests of administrativecounterpart can be maintained to the maximum extent possible, and administrativepower of counterpart can be exercised effectively and regularly.In China, the formation of hearing system started late, and it’s just applied inadministrative Penalties Law, price decision law and a few other laws, and also thedefined related content is also very limited, there are many defects appeared. Thevalue of administrative hearing system is not really effectively reflected.The writer of this paper studied the administrative hearing system of othercountries, and especially compared hearing system in China with in some countriesadvanced in constitutionality, took the mature design of foreign hearing system, andthe setting of law provisions for reference, and also covered some foreign scholars’related theory. Combining the reality in China, the writer mainly discussed theapplication of hearing system in China, and the existing issues while application, andalso described some personal ideas about how to perfect administrative hearingsystem in China. This paper will be divided into three partsChapter one: Existing issues in our administrative hearing system and reasonsanalysisThis part briefly introduces the current status of hearing system in China,emphasizes on the existing issues: our hearing system appears in slip laws separately,and the law regulations are not uniform; the hearing system application arrange isnarrow, and provisions are not reasonable; the qualification, rights and obligations ofhearing presenters need to be clarified; few protection of third party exceptadministrative counterpart; the law force of our hearing records is low, lack ofeffective positioning in laws; among current activities, very few caseshad organized hearing. Specific to the existing issues above, the bottom half of thispart analyzed the reasons: the traditional concept of “emphasize the entity anddespise the procedure” influence a lot; there are existing defects in the formulation ofsystem itself, these defects result that the rights can not be effectively relieved; thecitizens’ right-protection awareness is weak, the supervision mechanism is not wellcarried out; under this traditions, administrative organs’ strong position and rights isover-expanding, which affect and suppress the positive and orderly development ofadministrative hearing system.Chapter two: Comparison of abroad and domestic typical hearing system andenlightenmentsThis part generally introduces our domestic and foreign hearing system, andmakes some comparison. The writer mainly focused on comparison and analysis offive parts, which are: define the hearing system application range; whether formalhearing can be applied; regulations about hearing system third party in differentcountries; regulations of hearing presenters; the legal position of hearing systemrecords, so as to explore further the optimization of our administrative hearingsystem.Chapter three: some suggestions about perfecting our hearing systemWith the discussion in Chapter one and two, based on the pointed out existingissues in our hearing system, such as currently hearings are just applied in severallaws, low operability, and low effectiveness of hearing records, the qualification process of hearing presenter is irregular, the writer sets forth the necessity andurgency of optimizing our hearing system. The writer used many scholars’ findingsabout the weakness of China hearing system for reference, and combined withcurrent situation, then raised six suggestions for perfecting hearing system:1.Expansion of hearing application, including perfecting the disclosure of costs inpublic price hearing and establish and perfecting hearings of house removal;2.Improve the hearing right awareness of administrative counterpart;3. Enlarge rangeof the hearing participants, our nation should involve the third party into participants;4. The nation should standardize the hearing presenter regulations;5. Fix the legalposition of hearing records;6. Formulate perfect, regular and uniform administrativehearing system.