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Administrative hearing system

Author: ShangSuYing
Tutor: WeiBaoPing
School: Nanjing Normal University
Course: Constitutional and Administrative Law
Keywords: administrative policies making hearing administrative procedure democracy
CLC: D922.1
Type: Master's thesis
Year: 2006
Downloads: 273
Quote: 0
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Abstract


As a product of democracy and the core of modern administrative procedure, administrative hearing provides an important stage for citizens to anticipate administrative procedure. Along with socialist democratic system’s development, China has started the experiment of introducing administrative hearing in the early 1990’s. The fact that administrative hearing process is practiced in the field of administrative policies making arouses citizen’s consciousness as participators. It, more or less, accelerates the government in making policies more scientifically and democratically and makes the policies more fair and legitimate. It has the significance of coordinating multi interests and improves the relation between the government and the people in the turning period of Chinese society. However, like any systems in their early period, more and more irregular, some even distorted, facts in practicing administrative hearing have exposed. Hearing, to some extent, becomes a mere formality. It, which leads to the suspension of lots of legislations, owes to inadequacy and inability of administrative hearing law practice. This has close relation to the lack of academic study for administrative decision making hearing and the inadequacy of public anticipation resulting from slow growth of citizen social power. The thesis explores and insights the current situation of China administrative hearing procedure on the basis of essential theory of administrative hearing procedure. Taking western advanced system for references, applying comparative analysis and theory-practice combining, it suggests the advanced and applicable approaches to perfect Chinese administrative hearing procedure.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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