Administrative Penalties Informal Hearing Procedures

On March17,1996, the Fourth Session of the Eighth National People’s Congress passed "Law of the People’s Republic of China on Administrative Penalty" which created a foremost consideration for the hearing system; it is also a new milestone in the China’s administrative and legal system construction. However, provisions of the informal hearing procedure of administrative penalty still needs to be promoted, as faultiness of legislation causes the informal hearing procedure of the administrative penalty has not been given due attention in the practice. Neither administrative department nor administrative related person has appropriate understanding of the informal hearing procedure of administrative penalty. The absence of such concept leads the informal hearing procedure of the administrative penalty becomes a lifeless shell. This paper will study reasons of the phenomenon, research possible solutions to promote the informal hearing procedure of administrative penalty to increase its maneuverability and suitability and finally, fill the blank of the informal hearing procedure of administrative penalty in practice.