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Study On The Hearing System Of Administrative Punishment

Posted on:2017-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q X LiFull Text:PDF
GTID:2296330482997536Subject:legal
Abstract/Summary:PDF Full Text Request
Administration Punishment Hearing System is the administrative body in front of the penalty decision,take some form of acceptable relative’s statements point of view, rather than facts surrounding the offense,a legal regime relevant evidence to argue with each other.Establishment and Development of the system is an important symbol of human civilization,because the complexity of social relations,to expand the scope of government management,administrative punishment has naturally extended to protect the right not to be arbitrarily used,it become a national research priorities.Administration Punishment Hearing System is to allow the administrative relative person involved in the process to make punishment,and given the opportunity to express their views,to protect the legitimate rights and interests of people from opposing illegal violations,making it a monitoring force.This system is conducive to the administrative body to identify deficiencies in the management of their own social process,seeking to improve the administrative level of the shortage of ways and means to promote its judicious use of punishment,practice the rule of law impartially and promote the exercise of punishment effect of greatly enhanced,so that they will be able to resolve conflicts in advance, reducing the number of review and litigation cases.The system is to learn a foreign regime gradually established and developed, which will greatly improve the level of China’s rule of law.However,in the 1990s, China’s legal environment is not high level, legislative means is not very mature,yet lack experience with foreign advanced hearing system relatively mature,there are many aspects of our system is not perfect, even missing,supporting system lacking. So I focus on the problems and countermeasures on Administrative Punishment Hearing System,the main use of comparative analysis to draw nutrients from foreign legal systems,provide useful guidance to China ’s Administrative Punishment Hearing System,so that the system really play a role in increasing the operational practice.This paper will guide through an Administrative Hearing the cases of administrative punishment hearing system, the first necessity of the establishment of the system described in detail,and the principles of the Administrative Punishment Hearing System,the content will be explained.Our focus on current legislation and Administrative Hearing deficiencies,and to analyze and summarize,select the relationship between the effectiveness of administrative punishment hearing system functioning in three aspects, namely,hearing procedures,and effectiveness of hearing transcripts hearings relief system.Through the hearing process States comparative study comparative analysis of national science,advanced practice and operation of the existing system were discussed,and a number of recommendations for improvement, creatively put forward a formal hearing and insist on an informal hearing and the establishment of parallel administrative hearing accountability system point of view.
Keywords/Search Tags:Administrative Penalties, Hearing Procedure, Administrative Counterpart, Administrative Organ
PDF Full Text Request
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