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On the scope of the public hearing

Author: WangXiuJin
Tutor: GaoJiaWei
School: China University of Political Science
Course: Legal
Keywords: Public hearing Range of issues The main range The effectiveness of the range of
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 32
Quote: 0
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Abstract


Administrative hearing system is an important form of citizen participation in administrative, it has become the core system of the modern rule of law in the State Administrative Procedure Act, reflects the democratization of the development of modern political openness. Administrative hearing system first introduced in our country is \succession provisions of the the Price decision-making hearings, the Executive and Legislative hearings and administrative license hearing. They can be divided into the behavior of specific administrative act of hearing and abstract administrative hearing, former administrative penalty hearing, administrative license hearing, and the latter, such as pricing decisions hearings, administrative legislative hearings. Hearing because of its abstract administrative act is not specific to the interests of the majority of the people or the social and public interests involved, as widely listen to the views of all sectors of the community, it tends to hold a public hearing. A public hearing will be referred to as a \much of the research, general research is hearing. However, public hearings and hearings on the scope is a lot of difference, if some of the rules of the hearing be applied directly in the public hearing is not precise enough, in order to improve the public hearing will be related systems in order to better guide practice, necessary depth analysis of the scope of a separate public hearing. This article is constituted by three parts of the introduction, body and conclusion. Introduction by a brief introduction to the case \the main range; 3, the effectiveness of the public hearing range. The body is divided into five parts analysis. The first part is an overview of the public hearing. Defined mainly from the public hearing, a public hearing will be hearings, forums, seminars and other related concept comparison, the function of the public hearing to clear the meaning and role of the public hearing. The second part to the fourth part of the focus on content, the paper analyzes and discusses the three aspects of the scope of the public hearing. The second part analyzes applicable to the scope of the matters of the public hearing, from positive standards of the applicable public hearing matters and exclude matters applicable to a public hearing will be negative standard talk, and each described the applicable matters and matters to exclude the application of general standards and specific range. The third part is the main body of the scope to participate in the public hearing. Introduced specific parties to participate in the public hearing on the subject - the interested parties, the public, experts and scholars in the field, the relevant government department; choose a public hearing on behalf of the considerations at the same time, the representation of the allocation, select represented by way of the representatives to participate in the public hearing the main problem. The fourth part of the effectiveness of the public hearing. First described a public hearing on the effectiveness of two different approaches: First, the case file exclusion rules; certain binding, and my views on the effectiveness of the public hearing. Followed by analysis of the effectiveness of not held a public hearing or public hearing will be held in violation embodies the former leads to a lack of decision-making legitimacy latter decision-making process defects. Suggestions for improvement of the fifth part of the scope of the public hearing, for each of the three aspects of the scope of the public hearing: a moderate expansion in the scope of the matters of the applicable public hearing, to participate in the public hearing of the main range perfect the mechanism of the representatives of the public hearings will participate in the main, is to strengthen the effectiveness of the public hearing on the effectiveness of the public hearing requirements. The conclusion is a summary of the main content of the paper, focused forth three aspects on the scope of application of the public hearing that the scope of the matters, the main scope, validity range of some specific comments, and responded to the issues raised in the introduction.

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