Dissertation > Political, legal > Legal > Chinese law > Administrative law

The main drawback of the Administrative Hearing System

Author ChenWei
Tutor WangChengDong
School China University of Political Science
Course Constitutional and Administrative Law
Keywords Major defects Administrative Hearings Administrative Punishment Law Legitimate rights and interests Legal system Hearing System Administrative organ Modern administrative procedures Development of democratic politics Democratic Administration
CLC D922.1
Type Master's thesis
Year 2005
Downloads 888
Quotes 7
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The hearing system is the core of the modern administrative procedural law system is the product of the development of modern democratic politics. Since the hearing system was first introduced in 1996 in the \But we should also see that China's administrative hearing system in terms of legislation or in the actual operation of the process there are a series of questions, to some extent affected the healthy development of the administrative hearing system, a major drawback of the Administrative Hearing System analysis and the reasons to make a few comments on how to improve the administrative hearing. This paper is divided into three parts: The first part of the emergence and development of the administrative hearing system, a major drawback of the second part of the Administrative Hearing System and the reasons for, and the third part of the perfection of the Administrative Hearing System. The first part describes the emergence and development of the course of the Administrative Hearing System. Administrative hearing system for a long time in the West, but China was formally established until 1996, which reflects the difference and Western ideas and the legal system, in order to make the administrative hearing system in our country really play a role, it is necessary on some of Administrative Hearings The basic questions to make specific analysis of China's administrative law scholars have made great contributions in the process. About the meaning of the administrative hearing, although very understanding, but generally interpreted narrowly, hearing the executive authorities before the decision to make the legitimate rights and interests of the impact of the administrative relative person, inform the reasons for the decision and the right to a hearing by the executive, administrative counterpart to express their views provide evidence and administrative authorities to listen to their views, procedures for admission of evidence constituted a legal system. The nature of the administrative Xin certificate, scholars and more from the program itself up awareness and understanding is clearly not comprehensive, the nature of the administrative hearing is to give the administrative counterpart procedural rights. About the function of the administrative hearing, usually from two aspects of the executive and the legislature and administrative law enforcement to understand. Administrative hearing on the legal basis, each country is different, the performance of the principle of \principles. Administrative hearing system in the \one analyzed. The second part is a major drawback of Administrative Hearing System and its causes. China's administrative hearing system had a significant impact in promoting the legitimate rights and interests of administrative democratization and the protection of the administrative counterpart, but in terms of legislation or in practice has some drawbacks, mainly reflected in: the scope of the specific administrative act of Administrative Hearings too narrow; hearing range of the abstract administrative act is not comprehensive, the Executive and Legislative hearings a mere formality; poor operability provisions on hearing the applicant, is too narrow in scope; hearing involved in the generation Regulations unclear, its representative doubtful; administrative hearing has not been established information disclosure system; chairperson of the hearing the unknown eligibility requirements, grounds for disqualification is unclear, its impartiality and independence can not be guaranteed; effectiveness of the transcripts of the hearing is not clear, there is no established principle of files exclusivity, administrative hearings a mere formality . The main reason behind these defects: Male

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