The New Rhetoric Theory And Administrative Hearing

Administrative hearing is an administrative procedure system originated from the British common law,it is of great significance to the supervision of the executive power and the construction of government ruled by law in China.We introduced the hearing system in 1996.With the development of social economy,the scope of the hearing has been expanded in the field of public administration,which is the core content of the process of social democratization,however,some problems also emerged.The ideal hearing can greatly mobilize the public to participation in public affairs,to enhance administrative efficiency.But in our practice,public enthusiasm for the hearing dose not rise with the expansion of the scope of the hearing,contrarily,even negative emotions appear,such as dubbed "The Price Hearing" as the "Price Hike".This phenomenon is worthy of our attention.If such negative emotions of the public spreads,which will make the legality of administration questioned,and influence the construction of government ruled by law and democratic society.At present,many domestic scholars focus the study on this phenomenon.But they didn't explore the causes of this phenomenon from the angle of argumentation,by useing explicitly the logic as the starting point.According to the connotation and the mode of operation,the hearing is essentially a kind of debate.Based on the superiority of the new rhetoric in practical application than the classical rhetoric,this article intends to deeply understand the connotation of hearing and analyse the problems in practical from the new rhetoric argumentation theory,then put forward improvement ideas for our administrative hearing system.This paper is divided into three partsThe first part: The administrative hearing and its historical investigation.This part mainly elaborates the related content of the administrative hearing,including the concept,the characteristic and the classification of the administrative hearing,as well as the domestic and foreign development history.The second part: The new rhetoric theory.This part is the theoretical source of this paper,mainly discusses the theory of new rhetoric.First of all,Perelman's argument thoughts and argumentation theory are described in detail,and the corresponding argumentative structure is summarized;Secondly,introduced Toulmin's argumentation theory and its structure;Finally,combined with the both Perelman and Toulmin theory,summed up the difference between the new rhetoric and the classical rhetoric,provides the justification for the choice of theory.The third part: The application of new rhetoric theory in administrative hearing.This part is the foothold of this paper.Firstly,by using the new rhetoric argumentation structure,the actual state of China's administrative hearing are analyzed,and the problems of hearing in practice are revealed;Secondly,by tanalysising the material and formal difference between hearing and the new rhetoric,the possibility of the new rhetoric used in administrative hearing is raised;Finally,according to the above two parts and the case analysis,the ideal state of China's administrative hearing is conceived,then bringing up the improvement direction for China's administrative hearing system from the angle of the new rhetoric argumentation theory.