Research On The Applicable Scope Of Administrative Punishment Hearing Procedure

The administrative punishment hearing procedure introduces the mode of equal participation of both the prosecution and the defense,and judges adjudication in the center of the procedural law into the administrative law,and requires the administrative organ to organize the hearing and hear the statement and defense of the counterpart before making the penalty decision.Since its implementation,the hearing procedure has played an important role in controlling public power and safeguarding the rights of citizens.The scope of the hearing is directly related to whether the punished administrative counterpart has the right to a hearing.With the acceleration of the process of democracy and the rule of law,the call for expanding the scope of the hearing is getting stronger and stronger.The Administrative Punishment Law comprehensively revised in 2021 responds to this by expanding the scope of hearing.After sorting out the existing legal provisions and analyzing the cases in practice,it is found that the hearing procedure is mainly applicable to some property penalties,qualification penalties and behavior penalties,and there are some problems such as the most serious restriction of personal freedom is not included in the hearing scope,the stipulation of large amount of property punishment is not clear,and the legal hearing situation is not fully applied.The Administrative Punishment Law points out that the purpose of the punishment law is to standardize the implementation of administrative punishment and protect the legitimate rights and interests of citizens,legal persons and other organizations.At present,there is still strong theoretical and practical value to study and expand the scope of application of administrative punishment hearing procedure.By finding the existing problems and combining principle to determine the scope of hearing procedure,administrative practice of reference case and draws the experiences of countries outside the hearing,come to the conclusion that still need to expand the scope of hearing,and then puts forward some suggestions to solve,such as to perfect the legal system of administrative penalty hearing,into the restriction of personal freedom punishment,clear the standard of large fines,At the same time,it can also maneuver to introduce legislative interpretation and guide cases.Through these suggestions,it is expected to promote the effectiveness of hearing procedure and safeguard the legal rights and interests of the relative party.