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Discuss the Administrative Hearing System of China and Perfection

Author: LiKang
Tutor: CaoHaiJing
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Administrative Hearing System Fairness and justice Administrative powers The rights and interests of citizens
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 31
Quote: 0
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Abstract


How to limit the abuse of public power , to ensure that the legitimate rights and interests of citizens are not a violation of the executive powers , and ultimately the legal justice is one of the requirements of the modern society, the rule of law in countries connotation . Administrative hearing system as the core of the soul which the Administrative Procedure Act , not only reflects the respect for the rights and interests of citizens , but also reflects respect for the law . A just legal system consists of two aspects, one is substantive justice , which is said earlier civil rights protection ; the second procedural justice and substantive justice , procedural safeguards . Administrative hearing system can effectively monitor the executive powers the exercise to improve the transparency of the administrative savings in administrative costs , and enhance awareness of the rule of law in society as a whole , and ultimately to promote the process of China 's rule of law . Administrative hearing system late into China , so there are many institutional defects , which is needed to study and research . By contrast the rule of law in developed countries more mature system design , our main defect is reflected in the narrow range of the hearing , unreasonable by the chairperson of the hearing , and the lack of awareness of the public hearing , you want to solve these problems not happen overnight . Should first clear the legal status of the administrative hearing system from the legislation , given the legal effect of the administrative hearing system ; followed in the operation , in strict compliance with the provisions of the relevant laws , to ensure that each hearing aspects embodies the principle of fair and equitable . Administrative organs shall be made ??according to the hearing conclusion administrative rulings , not the hearings a mere formality ; final is reflected in the increased consciousness of the public hearing , so that people understand that procedural justice is a prerequisite for substantive justice , only the general public to actively participate in the cause of our hearing , administrative powers will be effectively constrained to play due role in the hearing , administration according to law , democracy and the rule of law . This article is divided into three chapters are an overview of the administrative hearing system theoretically , the Administrative Hearing System legislative status quo and its problems , and improve some of the Administrative Hearing System thinking .

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