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Analysis And Reconstruction Of Administrative Hearing System In China

Posted on:2016-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:J YaoFull Text:PDF
GTID:2336330482963302Subject:Law
Abstract/Summary:PDF Full Text Request
From the point of view of the research value, the administrative hearing system is the embodiment of the spirit of the legal procedure in the administrative law system ". The hearing procedure is advantageous to protect the administrative relative person's procedural right, and restrict the public power, and make the administrative power in the rule of law. At the same time,'the administrative hearing embodies the principle of natural justice, the principle from the common law "listen to arguments" transformation, is the embodiment of the spirit of natural law. Our country is not a common legal system, but the spirit of natural justice runs through the administrative rule of law in every country. From the perspective of practical value, China's existing administrative law system also contains some provisions on administrative hearing, but in the legislative administrative hearing system is not systematic, the lack of unified administrative procedure law, and administrative hearing system is more fragmented; in practice, the administrative hearing system is often misused, abused or not, leading to the failure of administrative procedures. How to combine Chinese practice, perfect our administrative hearing system, also need to gradually push forward, gradually, and through the practice of administrative rule of law in our country, and through the research of law to promote this goal in advance, this is also the purpose of this paper is to establish the original intention.
Keywords/Search Tags:hearing system, administrative hearing, scope, principle, right
PDF Full Text Request
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