Study On The Exclusiveness Of Administrative Hearing Procedure

The development of administrative law is the result of the relationship between administrative power and civil rights and social development.The transformation of government function from "freedom standard" to "welfare standard" is from not interfering with civil rights as far as possible to providing active services for civil rights,which leads to the expansion of administrative power.It is the key to build a legal and reasonable administrative hearing procedure to balance the rights and obligations between administrative power and civil rights.We should not only control the expansion of power,but also meet the needs of social development for service administration.which conforms to the actual needs of China’s administrative hearing procedure and avoids the administrative hearing procedure becoming mere formality.The principle points out that the evidence that the administrative organ decides a case can only be the evidence that the party concerned has filed a case for cross examination or already knows.The administrative organ can also use this as an excuse to eliminate interference and make an independent decision.The administrative file is the basic principle of the administrative hearing procedure in China,It will become an important mechanism.It can improve the transparency of administrative behavior and maintain the authority and seriousness of administrative power,which is conducive to the development of China’s administrative hearing procedure law.However,at present,the exclusive provisions of the administrative hearing procedure are scattered in various rules and local regulations in our country.The provisions are not unified and clear.It is common that the principle can not be effectively applied in practice.There is no effective way to alleviate the work of repeated identification in the administrative litigation stage.We have to put forward some suggestions for the improvement of administrative hearing procedure in China.Administrative hearing is an important principle,which can promote the healthy development of administrative procedure in China and realize the legalization and standardization of administrative procedure in China as soon as possible...