A Study On The Hearing System In Public Security Administration

The system of administration hearing originated from the west. In western countries, the scholars' theoretical researches into the system and stipulations concerning about it according to the laws have been comparatively ripe. On the purpose of maintaining the legitimate rights and interests of counterpart and ensuring the administrative body administering in accordance with the law exactly, the system had been stipulated for the first time in the Law on Administrative Penalty of the People's Republic of China. The legislate stipulations concerning about the system of administrative hearing are comparatively simple. The implementation of the system in our country has not been lasting for a long time. The inland scholars' theoretical researches into the system of administrative hearing always use relevant achievements acquired by the west for reference and get in touch with the practice in our country seldom. Little suitable experience can be summarized from practical work using for reference. For the sake of such circumstances as above mentioned, in the course of the public security unit's work on public security administrative hearing, there are lots of problems which not only influence normal carrying out of the hearing work but also harm the legitimate rights and interests of client and other interested parties demanding prompt solution. With a view to improving the development of public security administrative hearing, having introduced the exact meaning and studied the theory sources and developing history of the hearing system, together with analyzed its value and functions, especially according to its present characteristics and current situations, also combined with the research achievementsacquired by scholars throughout the world and regulations concerning about it in various countries, the thesis has formulated some basic thoughts on how to improve present system of public security administrative hearing in such aspects as application scope, principle, subject, notice, the lawyer's participation, hearing record and their respective function while determining .