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Study On The Hearing System Of Administrative Legislation In China

Posted on:2018-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:X FengFull Text:PDF
GTID:2346330566952037Subject:Law
Abstract/Summary:PDF Full Text Request
The hearing of administrative legislation is required for modern democracy and the rule of law on the legislative acts,which has a characteristic characterization of procedural justice and the rule of,and thus has a profound basis of identity.In the context of changes in social structure and political system of our country,the hearing system is gradually entering the scope of administrative legislation conducive to communication at the national and social as well as civil and administrative legislation strengthened democracy,also improved the effectiveness of the Executive and the legislature.However,since China is a backward country,weak rule of law,the program lacks,the hearing system is an alien,it is bound to be a difficult process of localization.In any case,the system is premised on the need for the system itself and the need to have a basic awareness of the ecological environment,based on administrative legislation hearing problems in practice-oriented and in accordance with the principles of administrative law theory and legislation,On administrative legislation hearing issues involved in basic research.This paper is divided into five parts,the body is composed of three chapters.Introductory part explains why our country should choose hearing system of administrative legislation and give some examples to support the reason.Chapter I focuses on introducing the basic theory of administrative law.first summed up the connotation and scope of administrative legislation,then combed the historical origins of the hearing,and then discuss the hearing system on the basis of procedural justice,extends to the natural justice principle of British law,The due process of law in American law concepts and principles of rule of law in civil law countries,again on the function and value of administrative legislation hearing system from political,legal and social explains the three faces.Chapter from a proper comprehensive system level description of the required constitute factors of administrative legislation hearing system,from the operational principles of administrative legislation hearing,the scope of the testimony,subject,and description of the key aspects of the rules of procedure in the course of the hearing.Chapter III analyses the current situation of China's administration legislation hearing,first analyzed the background of hearing system into China,then as a hearing system in China's practice and history,again from the constitutional norms and democratic legal basis involved in the point of the hearing,and then summarize the defects of administrative legislation hearing,From the system level measures to improve the construction method.The last part of the article after a comprehensive analysis of these,think the maturity and standardization of administrative legislation hearing system,is a long-term process,system of both forms of the rule of law,also requires substantive rule of law,justice and moist.
Keywords/Search Tags:Administrative legislation, hearings, natural justice, due process, rule of law, democratic participation
PDF Full Text Request
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