China Public Security Administrative Hearing System

The hearing system in its modern sense first originated from the West as a product of modern democracy. Originally applied in judicial administration, it was later introduced into legislation and applied in it. Only not until the middle and the late 20th century did it begin to be officially used in administration and was attached great importance to. Later, it developed rapidly.The system of administrative hearing is the central part of the law of the administrative procedures. Those countries which have established a law of administrative procedures all adopt hearing to some extent. In China, as the law of administrative punishment issued on March 17th, 1996, first defined it, the hearing system, an important and supporting system of modern democracy and modern administration, has been initially set up and formally put into practice. In recent years, although many achievements have been reached among scholars and practitioners of law concerning how to further perfect the administrative hearing system in China, in-depth explorations about the characteristics of hearing in different administrative departments and its application in them are lacking, particularly a systematic study on the hearing system in public security administration. Base on a general analysis of administrative hearing, this thesis conducts a detailed analysis of the current situation of hearing in public security administration in China, its features and the main problems existing in its enforcement and then attempts to make proposals about further perfecting the hearing system in public security administration.The thesis has three sections.Section One is an analysis of the basic theories concerning administrative hearing. Trying to explain and demonstrate the intrinsic relationship between hearing and administrative hearing, the author of the thesis first defines the notion of hearing. Then, departed from this theoretical basis, he analyzes andexpounds on its general principles, such as its historical origin, its legal basis, its functions and values. The paper holds that the "principle of natural justice" put forward in Britain was the legal basis for the establishment of the hearing system in the Western World, and later the "principle of just legal procedures" proposed in the US further perfected it, which together are regarded as the legal basis of hearing. The paper also points out that although the hearing system in China borrowed ideas, like the "principle of natural justice" and the "principle of natural justice", from foreign countries, it is mainly based on the principle of people's democracy as defined by China's constitution. The paper also analyzes the functions of hearing in the aspects of protection of the subjects of administration and supervision of the administrative agencies, and its internal and external values.Section Two is about the current situation of the hearing system in public security administration and its major problems. It mainly analyzes and explores the scope of hearing in public security administration, its characteristics and its main problems. The thesis maintains that the hearing system of public security administration is mainly applied in public security administrative punishment and public security administrative permission. It has five major features: a wide scope of application, varieties of types, varieties of subjects, cases of large numbers, relatively big power of free jurisdiction about punishment. It also points out that the problems concerning this system lie in two aspects: in its legislation and in its execution. The main problems in its legislation are: the scope of its application is comparatively narrow; the provisions about the principles of hearing are not perfect; the regulations to ensure the independence of the chairperson of hearing are not perfect; the third party of a hearing is not granted equal rights. The main problems in its execution are the weak consciousness of administrative laws, the loss of the sources of hearing cases resulted from the relatively low quality of the law enf...