Practice Of Administrative Legislative Hearing Problems

The purpose of law was set for legal justices. A legal justice includes procedural justices and substantial justices while procedural justices are the essential premise and guarantee of substantial justice. Administrative hearing system in legislation has a quite a long history in western developed countries, so such a system it oneself is more complete. As a product of democratic process, this system has already been an widely accepted by various modern countries’around the world as an administration procedural law. The target of the administrative legislative hearing system is to extend the democracy attendance, to listen to the opinions, especially the relative person’s opinions, to coordinate the various relationships, and to improve the legislative quality and strengthen the legislative democracy and science.Along with the construction of our country’s socialism government ruled by law, people’s enthusiasm in attending law-making, the procedural justices justly becomes a demand of the social public. Under this background, the administrative hearing in legislation is also developed gradually. Now, in China, there are many deficiencies during the process of running the administrative hearing system in legislation. This article begins form the basic theory of administrative legislation hearing, it elaborates that how did so many different countries run the administrative legislation hearing system, then it tried to make a comparison between China and western countries, so that we can gradually perfect it.This article mainly divides into four parts, firstly, it generally introduces the administrative legislation hearing system’s elementary theory, from it’s origin, the legal principle theory of law foundation obtains, then to it’s functions. Secondly, based on a comparative research on the overseas administrative legislation hearing system, the author has conducted that:although China has made a big progress in administrative legislation hearing system, it still is imperfect and has many problems that need to be dealt with. It concerns mainly aspects and so on pote ncy which at the administrative legislation hearing’s way, attendants’designation, attendants’related rights and the duty. Finally,it has made some conceptions to consummate our country’s administrative legislation hearing system, this part is also the core of the passage. In order to make the administrative legislation system running more democratize and more normalize, we have to making the standard and legal basis of legislation hearing clear, defining the scope of administrative legislation hearing, establishing standard operation procedure of hearing and so on.