On The Improvement Of The Hearing Procedure Of Administrative Penalty

The promulgation and implementation of the "Administrative Punishment Law of the People’s Republic of China" in 1996 officially established the hearing system for the first time in the field of administrative law in my country.The introduction of the hearing system has played an important role in protecting the legitimate rights and interests of administrative counterparts,improving the democratic and scientific decision-making of administrative agencies,and ensuring the credibility of the government.However,the "Administrative Punishment Law of the People’s Republic of China" has been implemented for more than 20 years,and many regulations.It can no longer meet the needs of handling specific situations in practice.Since 2018,the Law Committee of the National People’s Congress has initiated the corresponding law revision work.On January22,2021,the new "Administrative Punishment Law of the People’s Republic of China" was officially passed.The promulgation of this law has revised the existing part of the hearing system.This article uses comparative analysis and case analysis to make a more detailed analysis and exploration of my country’s administrative penalty hearing system.The aim is to sort out and analyze the development of my country’s penalty hearing system through system design and practical operation,and find out where the penalty hearing needs to be improved.At the same time,combined with the new regulations,it will comment and analyze,and put forward suggestions for improvement.Based on the above considerations,this article first clarifies the concept and characteristics of the administrative penalty hearing procedure,discusses the theoretical origin and function of the penalty hearing,and aims to clarify the general content of the penalty hearing;secondly,starting from the national and local levels,the first is a comparative analysis.To explore the ways in which the 1996 "Administrative Punishment Law of the People’s Republic of China" and the newly revised penalty law in 2021 have been revised and how the departmental rules and regulations have refined the punishment hearing system;at the local level,analyze and compare local laws and regulations.How government regulations at the same level specify the content of penalty hearings;the third part,through sorting out a large number of cases and laws and regulations,aims to find out the specific practices of penalty hearings in specific practices and how this specific practice promotes the further development and improvement of the penalty hearing system Finally,combined with the latest provisions of the "Administrative Punishment Law" hearing procedures,it can be seen that the extension of the penalty hearing scope,the extension of the party’s application for the hearing period,the establishment of the termination of the hearing,the review of the hearing transcript,and the application of the principle of exclusivity of the hearing transcript.It is part of the hearing procedure that has been completed,but the improvement of the penalty hearing system cannot be achieved overnight.It requires constant exploration and efforts by legislators.Therefore,after reviewing the above laws and regulations,the author proposes some constructions for the areas that still need improvement in the hearing procedure.