Research On The Administrative Approval Hearing System

The hearing system is one of the core elements of modern procedure system. The hearing system that conforms to China’s national conditions is indispensable to improving the construction of socialist legal system. Administrative approval, as one of the administrative act closely related to civil life and the reasonable regulations of its hearing system are conducive to promoting the socialist harmonious society. Our country’s current Administrative Approval Law has made a great progress on the basis of previous legislation, while the inexhaustive study of the hearing system and the shortcoming on the legislative regulations become the bottleneck restricting the quality of the hearing and furthermore affect the realization of the administrative approval hearing. So it is necessary to probe the problems existing in our country’s administrative approval hearing system by combining the legal basis of the administrative hearing system and drawing on the legislative practice of domestic and foreign administrative approval hearing. On the basic of putting forward and analyzing problems, this essay proposes the specific measures improving the hearing system in order to fully implement the function of the administrative approval act system.The first part is the general theory on the administrative approval hearing system. Starting from the conception and features of the administrative approval hearing, combining the case of holding public hearing for approval of the people and livestock drinking water project of Sangzhi Water Conservancy Bureau in Hunan province, this part summarizes the function of hearing system in the area of administrative approval and lays a theoretical basis on the argument below.The second part is the study and enlightenment of foreign administrative permission hearing system. This essay especially selects the hearing system in British, American, Germany and Japanese administrative procedure law as the research perspective. After investigating the origin and development of the administrative permission hearing system of the listed four countries, this essay elaborates the act of clearly stipulating the scope of the hearing, the strict regulation concerning the notification procedure in U.K. and Japan, America’s full-time hearing and the system of "the prohibition against unilateral contact" and the referent significance to China of that most countries regulating the record item of the hearing The third part is the current situation and problems of our country’s administrative approval hearing system. On the basis of analyzing the current situation of our country’s administrative approval hearing system, this part points out problems existing in four aspects, including the defects in the regulation of the hearing application scope, the imperfections in the hearing licensing system, the unsound hearing chairperson, the unclear regulation on the record item of the administrative approval hearing and its effect and so on.The fourth part is the basic principle that should be followed for improving the administrative approval hearing system. This part combines the practical case and stipulates that the principles of open, justice and efficiency should be followed for improving our country’s administrative approval hearing system.The fifth part is some assumptions for improving our country’s administrative approval hearing system. In view of the problems existing in our country’s administrative approval hearing system, drawing on the relevant legislative experience, this essay puts forward the corresponding problem-solving measures, including the application scope of the scientific definition of administrative approval hearing system, the notification system for improving the administrative approval hearing, the system for making the hearing chairperson of the administrative approval sound, making the record item and effect of the administrative approval hearing record clear and so on.