The Research On Administrative Legislative Hearing System In China

Administrative legislation procedure is a process of citizen participation and also an openlegal process. Hearing system is one of its core content. The purpose of this procedure is totake the suggestions and ideas of all the representatives, especially appeals proposed by theseadministrative counterparts who are affected by legislative environment so as to enhance thepertinence of legislation and guarantee public’s right of participation,In this paper, from the perspective of "Beijing taxi prices case hearing", the author willanalyze problems which existed in the administrative legislation and dig the essence of theseproblems by applying the theoretical principle and studying the system of hearing and thephenomena appearing in the course of the hearing. Besides, many constructive advices will beput forward to perfect and guide the practice of administrative legislation.This paper mainly consist of three parts including introduction, main body andconclusion, of which the body can also be divided into three parts to elaborate the main ideaof this article.In the introduction, the author try to approach the topic by introducing the event of"Beijing taxi prices case". and overview the development of hearing system in administrativelegislation. Furthermore, it mainly introduces the theoretical basis, the status and trend ofdevelopment of the system, and also analyze the research status of the system and find somegaps to highlight the theoretical and practical significance of the article.The first part of introduction describes the whole story of "Beijing Taxi price case" indetail with his in-depth thinking. The first problem is whether the results of the hearingsatisfactorily and whether achieves the expected results. The follow is about the problemsexisted in the process of hearing and the analysis of ways to solve these problems. Finally, itdemonstrates its due role that hearing plays in administrative legislation to highlight itsnecessity.The second part of the main body explains the status of the system, including its basicfacts of legislation, the problems that exist in practice, and the source of the problem. Theproblems are mainly reflected in the following aspects: First, the lack of system requirements;Second, the fuzzy scope of application; Third, the lack of coercive power; Fourth, the lack ofmaneuverability; Fifth, imperfect provisions about hearing participants; Sixth, external efficacy of hearing transcripts. Seventh, the lack of monitoring mechanisms of hearingprocedures.The third part of the body puts forward several ideas about to perfect the hearing systemon the basis of the previous two parts. The ideas mainly include to establish a reasonablescope, choose the appropriate way of hearing, perfect the subject system, set the standardoperating procedures, highlight the effect of debates, specify the absolute legal validity of thehearing record, to enact a unified "the law of hearing procedure" and to improve thesupervision and redress of administrative hearing system.