对完善《中华人民共和国行政处罚法》听证制度的若干建议

Suggestions on perfecting the hearing system in Administrative Penalty Law of the PRC

《中华人民共和国行政处罚法》中的有关听证程序内容过于简略化、原则化,不易操作,需要加以完善。听证适用范围应扩大到各种具体行政行为,“较大数额罚款”需重新界定;听证申请权须延伸到所有利害关系人;听证告知制度要规定告知方式及告知书的内容;听证通知制度应规定将第三人和案件调查人员作为听证通知的对象;应明确规定案件调查人员享有质证权;尽快确立案卷排他性原则;应充实听证中证据制度的规定,丰富听证程序适用方式。条件成熟时可将听证制度专列于《行政程序法》之中。

The content about the procedure of the hearing system in Administrative Penalty Law of the PRC is oversimplified,too principled and difficult to be well operated,so it remains to be improved and perfected.The scope of application should expand to any specific administrative action and the clause of big sum of fine needs to be defined again.The subject who enjoys the application right should extend to anyone who has any interests with the case.The information system should stipulate the method and the content of the information while the notice system should provide that the object of the notice includes the third party and the investigator of the case.The law should clearly provide that the investigator of the case enjoys the rights to exam,verify and debate,and establish,as soon as possible,the principle that the decision made by the administrative organs should be made only according to the files. It should also strengthen the content about the testimony system and enrich the ways of the hearing system.When the condition is mature,the hearing system can be specially listed in Administrative Procedure Law.