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Administrative Hearing System Research
Author: ZhangXiaoFang
Tutor: ZhangShuYi
School: China University of Political Science
Course: Legal
Keywords: Administrative hearing procedure While administrative hearing procedure Problem Perfect
CLC: D922.11
Type: Master's thesis
Year: 2006
Downloads: 433
Quote: 2
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Abstract
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Counting from the Administrative Punishment Law \As a portable system, because there are many imperfections in the legislative, leading to practice listening without permit \As the starting point to the problems of our existing legislation and practice, by combing the administrative hearing system theory, and thus to identify measures to improve the Administrative Hearing System. Discussion of this paper is divided into the following chapters: The first chapter of applying theory to investigate the combination of research methods and empirical analysis, analyzing the legislative status quo from the Administrative Hearing System, summed up the four major drawbacks of the administrative hearing on the legislation, and pointed out that the resulting practice: the trust of the people hearing greatly reduce many problems in the practice of administrative law enforcement. The second chapter is the theory made foreshadowing for the next chapter. In this paper, the meaning of the administrative hearing, the theoretical study of the values, principles, procedures, norms, proper administrative procedures, while administrative hearing procedures, analyzed and summarized: 1, the fundamental purpose of the hearing is to control the executive powers. 2, the function of the hearing is to limit the wanton, ensure the rational choice. 3, the value of the administrative hearing is the intrinsic value (just the unification of both efficiency) and extrinsic value (order value), the basic principle is the principle of impartiality, the principle of openness and efficiency principles. 4, the logical structure of the rule of law requires assumptions administrative procedural rules must have the conditions, patterns of behavior and the legal consequences. Criteria of due process: from the form should have neutrality, operability and transparency. Substance should be fully protected administrative process rights relative procedures. The minimum standard is: the rights and obligations of citizens will be affected by the decision, before deciding he must have a fair opportunity to exercise of the right to be heard and the right to know. This criterion is also legitimate administrative hearing process criteria. Chapter first of many problems for China's current legal \point of view that only the improvement of legislation, in order to change the status quo, to the administrative hearing system to take root in China. Improvement of legislation is the key to solve practical problems. Then divided into four sections to commence the administrative hearing on the legislation the problems one by one, are discussed. The first section, from two angles of the hearing process, when the requirements of the hearing procedure, the use of the theory of the administrative hearing, expounded on the importance of the issue of the status of the chairperson of the hearing, pointed out that the independent status of the chairperson of the hearing is the proper administrative hearing process neutrality the principle requirements; asked the independent status of the Hearing determinants legislative and administrative system; advocate the administrative law judge system to learn from the United States to establish the Administrative Hearing Commission.
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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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