Legal Consideration On Establishing China's System Of Administrative Review Hearings

The principle of a written review of the administrative review hearing means not to hear an open, transparent, so it's hard to believe that the applicant review the fairness of the decision of administrative reconsideration of the fair. Hearing system in China since the establishment of the Administrative Procedure Act, which in an open statement, the burden of proof, cross-examination, the debate has been characterized by the adoption of administrative and academic community. Hearing system has also been the local administrative review body gradually pending the introduction of administrative review and has made good results and enhanced the credibility of the administrative review decision. But until now, China has not established a uniform system of administrative review hearing. Therefore,the need to emphasize the importance to establish the system of administrative review of the hearing, and give better play to hear the administrative review hearing function.The body of this article has three parts:Part I: pointed out that the current set up for hearing in writing the principle of the system of administrative review hearing defects. Hearing administrative review system to adapt to an open and fair manner the principles and characteristics of quasi-judicial in nature, more able to effectively overcome flaws of the administrative review hearing in writing, in recent years it has been gradually introduced at all levels of administrative review bodies reconsideration hearing, the administrative reconsideration decision to raise credibility. Therefore it is essential to establish administrative review in our hearing system.Part II: First introduced in the connotation of the hearing system, the main contents and the main functions on the basis of the logic analyzer and discuss the necessity of establishing administrative review hearing system from two aspects: the theory and the concrete implementation.Part III: In view of the administrative review hearings throughout the trial tried to problems and deficiencies, the author proposed the establishment the concept of China's administrative review hearing system. Reconsideration hearing in the scope of the hearing to expand the review to hear the scope of the hearing; the establishment of administrative review hearing should be qualified system; the establishment of avoiding system of administrative review hearing ensure the impartiality of the reconsideration decision; heard at the hearing the burden of proof should be clear administrative review by the applicant and the applicant of their burden of proof; should establish a system of lawyers involved in the hearing, their legal status and rights should be clearly defined; should establish the legal aid system of China's system of administrative review hearing; in order to play the legal effect of the hearing, it should clearly establish the "exclusive file" system, increase the legal responsibility of the parties who don't participate in the hearing.