The Research On Hearing System Of Administrative Plan

With the development of political and the expansion of national economic,administrative plan becomes an important method of government to serve society.Administrative plan is one of the most complicated phenomena in modern administrative behavior,and administrative plan is also a greater practical issue in contemporary administrative law practice.Recent years have seen that various administrative plans are ratified and it has been the important choice of the governments at various levels to reorganize administrative resources to stimulate the overall development of the economy and the society.Administrative plan with discretion and unilateral,therefore,a large number of administrative plan dissociate beyond the law,and lack of legal constraints,resulting in the abuse as to the harm of citizen and social rights.Hearing system has become one of the Administrative Procedure Act,and its essence is to listen to the views of the parties.Administrative hearing as an important design is the restriction on executive authority which exercises public power,it will have a very far-reaching impact in the administrative democracy.Application in administrative plan programs can improve the legal system of China's administrative plan,the conversion from theoretical value to real value has a very practical significance.The hearing system of administrative plan in Chinese is an immigrant conception and it has been affected by the overseas system practice.To construct a reasonable hearing system and to realize the value of the hearing,we must deal with the contradiction between justice and efficiency,make justice and efficiency achieve the best combination.In order to regulate the hearing process,and to promote the value of hearing system implementation,efforts should be made in those aspects.Firstly,Changing concepts,creating a democratic atmosphere.Secondly,we should improve the entire legal system,provide a legal basis for the hearing system.The article is divided into four parts.The first part is the introduction of the basic concept of the administrative plan,including the definition and values of the hearing system of the administrative plan,which leads to that administrative process should be introduced into the hearing system.Then we analyze the feasibility and the inevitability of the hearing system of administrative plan.Hearing system can improve public participation,change the function of government departments,and promote openness of government information.The second part mainly introduces the history and current situation of the hearing system of administrative plan.With describing the development of administrative plan,hearing system has not been paid too much attention currently in china.Insufficient with judicial control and relative supervisions is the chief reason.The third part analyzes the current problems in overseas administrative plan hearing system.Administrative plan is an important aspect of the function of a government.Hearing system plays a vital role in the daily life of the modern country?region?.The scholars of the science administrative law have made more special studies in foreign countries and Taiwan area of china.But the scholars of China paid little attention on this problem.Studying the concepts,systems and juridical remedy laws of the hearing system of administrative plan in America,German,Japan and Taiwan.Section four is the key section of this article,answering key questions of the hearing system of administrative plan in China.After a thorough study of hearing system of administrative plan in the first three sections,this section introduces the development direction.The article also introduced a number of suitable legal remedy of hearing system methods.The writer hopes that this paper sheds some inspiration on the development of the hearing system of administrative plan in China.