On The Application Of The Exclusive Principle Of Case Files In Administrative Hearing

The principle of exclusive exclusion of the case requires the administrative organ to make an administrative decision based on the documentary evidence of the documentary evidence,testimony,transcripts,investigation transcripts and transcripts.Unless it involves well-known common sense that the staff of the administrative agency needs to make judgments based on professional experience,the administrative decision must make administrative decisions based strictly on the content reflected in the various case files.This will prevent the administrative staff from abusing administrative discretion.The administrative hearing system gives citizens the right to communicate,such as knowledge,participation,and defense,and is one of the core systems of administrative procedures.The principle of exclusivity of the administrative case file is an important guarantee for the hearing system.The discussion is about the binding force of the administrative case file in the process of making administrative decisions by the administrative organ.The main content of the administrative case file is the record of the administrative process,which is the basis for the administrative body to make administrative actions.Therefore,the principle of exclusive exclusion of administrative files is not only an important principle of evidence in administrative litigation,but also a procedural restriction principle set in the process of administrative power operation,which can effectively prevent the administrative agency from ignoring the arbitrary behavior of the case record when making decisions.Under the principle of this principle,the legality of administrative acts can only be proved by the laws and facts recorded in the case file.The narrowly defined principle of administrative case exclusion means that the administrative body can only make administrative actions based on the case file,and cannot be based on the fact that the case is unknown and unproven outside the case file.The legitimacy lies in the principle that the administrative case exclusion principle can ensure that the procedure is justified to avoid the administrative hearings flowing in form.By ensuring the division of roles and separation of functions to control the abuse of administrative power,it is possible to reduce the "error cost" to be compatible with both fairness and effectiveness,to ensure the acceptability of decisions to enhance the satisfaction of hearing results and to respect the dignity of the individual by achieving substantive participation of stakeholders and the public.Administrative activities can be divided into administrative processing decisions,administrative decisions,and administrative legislation.Informal hearing procedures and formal hearing procedures are included in these categories of administrative activities.The formal hearing procedure usually fully reflects the facts and disputes of the case and should therefore be used as the basis for administrative decisions.Administrative decisions include administrative penalties,administrative permits,and other types of administrative decisions.The administrative punishment decision and the administrative license decision of the formal hearing procedure shall strictly follow the requirements of the principle of exclusive exclusion of the case file,and the administrative staff shall make an administrative decision based on the administrative hearing record.The administrative decision-making hearing is manifested in the form of price decision hearing.Although the hearing record can reflect the basic views of the hearing party,the administrative agency also needs to balance the expert opinions,the higher-level government requirements,and the economic or social needs.Therefore,administrative decisions can only be made after fully considering the contents of the hearing transcript.The characteristics of administrative legislation are similar to administrative decisions.Therefore,the content of the hearing transcript should be carefully considered and positively reflected,but it is difficult to make a decision based on the transcript of the hearing.In the current legislation of our country,the validity of the transcripts of the hearing has been based on the "basis","base" and "should be fully considered".Drawing on the legislative experience of the United States,Germany,Japan,Austria and other countries,combined with the actual situation of China,we designed a reasonable administrative file exclusion system,and effectively applied it to the hearing procedure,which can be constructed in accordance with the needs of China's localization practice and has science.Therefore,this paper puts forward three suggestions.The principle of exclusive exclusion of administrative case file needs to be confirmed by legislation in the administrative hearing,constructing the supporting mechanism that the principle can be applied and perfecting the administrative hearing system itself.