A Study On Formal Hearing Of Administrative

As the cardinal system of the modern administration procedure law, hearings are the important approach by which private party in administration takes part in the administrative process. The private party positivly participates the administrative process, presenting his opinions to administrative agency and having them involved into the decision of the agency, thus attends the decision-making that affects his rights and obligations. All of them embody the fairness and democracy, especially the formal hearings. The formal hearing has become the fundamental system of the modern administrative procedure has become the focus of study and legislation of the administrative procedure law. And is one of the least requirements of the due administrative procedure. In 1996, china set up the formal hearing firstly, in "Administrative Punishment Law", which is a historic meaning in administration lawmaking progress.But by contrast to the formal hearing in foreign countries, there are still a lot of urgent problem in the legislation of the formal hearings that need to be resolved . And in practice, formal hearings haven't played their roles partly .So in this essay, the author introduces the fundamental theory of the formal hearing, compares the formal hearing system in other countries , and then discuss the current state of formal hearings and the perfecting of legislation. In the end, the author give his suggestion on how to establish the formal hearings clause in the Administrative Procedure Law in china.