Research On The Selection System Of Administrative Hearing In China

Early 1990s, Shenzhen was first introduced price review mechanism for the hearing system in China’s development of the first step. In 1996, China promulgated the "Administrative Punishment Law," for the first time to be a hearing on behalf of the relevant provisions in terms of selection, after the hearing on behalf of the executive selection mechanism evolving. However, targeted academic study of the hearing on behalf of the selection mechanism is very limited, mainly indirectly covered, can not provide effective guidance directly to our administrative hearing on behalf of the selection mechanism. Therefore, the selection of representatives to explore the mechanism of administrative hearing has become an unavoidable topic academia.This article is based on China’s national conditions, combined with our existing practice case hearing on behalf of the selection, and learn from foreign experience in the hearing on behalf of the selection mechanism, trying to resolve our administrative hearing on behalf of the selection mechanism. In this paper, according to the practice of the selection of the hearing on behalf of, on behalf of the selection mechanism of administrative hearing in question was a profound analysis:the hearing on behalf of excessive government interference in the selection of the hearing on behalf of the selection criteria is not clear enough, hearing procedures and the selection of safeguard mechanism is not perfect the hearing on behalf of the professional level is not high. It also reviews the main reasons of administrative hearing on behalf of the selection mechanism of the problem:First, the shackles of the traditional way of ruling, the second is related institutional system is not perfect, the third is the stimulus, monitoring system is imperfect. Then, based on the combination of the foregoing analysis, to improve our hearing on behalf of the selection mechanism proposed the idea. First, the government should change the traditional forms of participation; secondly, to speed up the hearing on behalf of the selection mechanism of the construction system in China, including speeding up the administrative procedure the legislative process, to build aspects hearing on behalf of the selection mechanism of the legal system and so on; and finally, to the reform of the hearing on behalf of the selection of the way, It includes building a diversified selection system and the establishment of a number of measures of experts representing libraries.