Optimization Of Administrative Hearing System

As the core of the modern system of the Administrative Procedure Act, theadministrative hearing system originated in the area of justice, the core spirit is "tolisten to each other’s views," that when a decision is not conducive to a party, theother party should be given adequate representation, cross-examination, theopportunity to defend. Traditional legislative oversight of the administrative hearingsystem of executive power extended to the administrative process, a good deal ofexecutive power after World War II caused extreme swelling, lack of jurisdictionrestricting their situation. Administrative Hearing System has become an importantsymbol of the modern state administrative rule of law。China has been committed to building the rule of law, the administrative hearingsystem to optimize the natural question of the meaning should be. First established inthe "Administrative Punishment Law" the hearing system is significant to open, but arough system, lack of maneuverability. Other laws also did not follow up itssubstantive development. In the case of Arrested Development’s core system is aunified academic appeal to the Administrative Procedure Act for many years alsodelay in the introduction. In the critical period of government functions todaymanaged by the transition to a service-oriented, irreplaceable role of the Chief Administrative Procedure Act has the right to regulate and control without discussion,become a consensus. Especially in the recent ruling that "the powers locked in acage," the mark, the introduction of the Administrative Procedure Act has becomemore urgent and necessary. Against this background, its core system-administrativehearing system do combing and discussion has important practical significance.The core of this article the of China’s current administrative hearing system toanalyze and sort out, pointing out the process of system design and operation of theexisting problems, but also on the problems of deep-seated reasons explained UniformAdministrative Procedure Act finalized at the national level presented to theadministrative hearing system in the context of optimization strategies.This article comprises four chapters, the main contents of the first chapter are:firstly the concept and context of the development of the administrative hearing of thesort, and then again on the basis of the concept of administrative hearings and makenew definition. Secondly, the legal basis for a general exposition of the administrativehearing system, including the principles of natural justice Britain, the United Statesdue process principles, the rule of law in Germany as well as the theory and humandignity, said the people of our country’s democratic principles. Finally, discusses theadministrative hearing characteristics and comply with its basic principles,characteristics and powers including quasi-judicial nature, the basic principle is theprinciple of justice and public policy. The second chapter is now legislation andpractice conditions Administrative Hearing System were analyzed to outline thecurrent development of China’s administrative listening system. When institutionalanalysis, select the "Administrative Punishment Law,""Law","Legislation Law","Public Security Administration Punishment Law" and the "Price Law" five objects.When empirical analysis, select the Administrative Procedure Act case first try first ofZhuzhou City, Hunan Province as samples, trying to reflect the forefront of thedevelopment of the administrative hearing level. The third chapter is hearing defectsand shortcomings of the existing system will be presented, and the reasons for theimperfect reveals，The chapter I use a lot of ink on the legislation in placeadministrative procedures hearing system has been analyzed and summarized in order to provide reference for the design of the system at the national level. The fourthchapter is to optimize the administrative hearing system to develop a unified programunder the Administrative Procedure Act background made mainly from the scope ofthe hearing and the chairperson of the hearing, docket exclusion, the hearing on behalfof the selection, supervision and expanded several aspects of relief.