A Study on the Administative Hearing System in the Goal of Procedural Justice
|Keywords||administrative hearing system procedural justice public decision thedeliberative and administrative hearing|
As a procedural system of the public decision, administrative hearing system hasplayed an important role in public decision. Whether the function of the procedure canplay its effective role or not will be related to the quality of the public decision, theability of the government’s administration, and the quality of the participation of thepublic. Right now, although the administration hearing system has made theelementary achievement in public decision, it could not realize the procedural justiceof the drafting of the decision by means of function of the procedure. Only byreforming the procedure of the administrative hearing can the government realize thegoal of justice of procedure, and ensure the justice of the result of the public decision.From the angle of the administrative ethics, at the entry point of procedural justice,the writer has found that there are a number of problems in construction of theprocedure of the administrative hearing by way of analyzing the practical procedure ofthe ladder price of electricity in Hebei province. Such as the narrow scope ofprocedural practice, the abnormal subjects of the participating, improper process of thequery and debating, the disclose of the result of the hearing and inequality of theparticipators, all of these problems have made bad effect on the function of theprocedure of administrative hearing, meanwhile, they influence the establishment ofthe public decision. In order to realize the procedural justice of the public decision, thegovernment should reform the administrative hearing system. On the basis ofestablishing laws, standardizing the designing of procedure, conversing the ideas andperfect the supervising mechanism, the government should combine deliberativedemocracy with the administrative hearing to achieve the deliberative andadministrative hearing and social justice by virtue of increasing the cooperationbetween the governing organization and public.The construction of the procedure of the administrative hearing system is animportant way to improve the level of the public decision. To reform the administrativehearing system by means of procedural justice could promote the open administration, maintain the rights of public, so as to promote the progress of the democratization ofdecision. This study can enhance the public decision to the level of standard procedure,provide a new direction for the study of public decision, and have a good effect onenriching and perfecting the theory of public decision.