The Research On The System Of Chinese Administrative Decision-making Hearing

This article from the current situation of legislation of administrative decisionhearing system of our country to start, first defines the basic concepts related tohearing system in administrative decision-making involved. That the administrativedecision hearing is refers to the administrative power subject in the abstractadministrative act,(non specific administrative cases) with the majority of the socialmain body related decisions, policies, consultation, scheme demonstration andelaboration, the final decision, or decision to make it the most wide range consistentwith the democratic parties legal activities the interests of the. Analysis of therelationship and difference between hearing and public hearing, administrativedecision hearing, simultaneously elaborated between the judicial hearing, legislativehearing, administrative hearing, the hearing after hearing, hearing and advance legaland illegal hearing these concepts are linked, the administrative decision hearing isdefined as the ex ante administrative hearing legal. Secondly, the constitution fromthe "power of the people, maintain close ties with the masses and accept supervisionby the masses" provisions reached the hearing system in administrativedecision-making support of law in the constitution, from "Administrative CoercionLaw","price law","legislation law" and "administrative licensing law","administrative law and regulations, procedures, regulations""rule makingprocedure regulations" and other relevant laws and regulations summarized its ofadministrative decision-making hearing system specific provisions. Then, from theadministrative decision hearing form, the hearing participants, the general procedureof hearing introduced detailed situation of Chinese administrative decision makinghearing system. Also specially discusses the scope of administrative decision hearingsystem of our country, think that involves the public interest administrative behavior,administrative behavior and administrative behavior related to the disposal of majorevents of public policy applicable scope belong to the hearing system ofadministrative decision making.Judging from the current situation, China’s administrative decision-makinghearing system still exist some problems: the first, participant selection mechanism is not perfect, there is no clear host qualifications system, hearing representativesystem is not perfect; second, the procedure is not standard, not hearing a unifiedprogram startup mode is not clear, the hearing, the hearing information disclosure isnot sufficient, no the full report of the hearing transcripts, the system is not perfect;third, hearing supervision and responsibility mechanism is not in place, lack ofadministrative supervision, administrative accountability mechanism is not perfect;fourth, the hearing system lacks the corresponding environment support,administrative environment legal concept is not strong, the lack of democraticdecision-making consciousness, citizen consciousness is weak in the socialenvironment of hearing the main idea, legal system is not strong.In view of the above problems, the author put forward specific solutions andsuggestions: one is to perfect the hearing of administrative decision in our countryparticipant selection mechanism, clear host qualification, perfect the hearingrepresentative selection system, introducing the third party to participate in thesupervision mechanism. Two is to standardize our hearing procedure ofadministrative decision-making, the procedure system, process, uniform standards,strict implementation, and strengthen publicity, strengthen the legal effect of thehearing transcripts, to increase the transparency of information, to prevent theindiscriminate use of administrative power. Three is to improve our administrativedecision hearing supervision and accountability mechanisms, from the strengtheningof administrative supervision and judicial review, democratic supervision, theestablishment of response mechanism, perfecting the supervision and administrativeaccountability system. Four is a good environment for the establishment ofadministrative decision-making hearing, the administrative organ should set upadministrative service consciousness, to have limited administrative idea, a clearunderstanding of the hearing system in administrative decision-making,implementation of deliberative democracy in the administrative democracy,democratic consciousness enhancement of public hearing.