我国行政许可实施听证相关制度评析

An Analysis on the correlative System of Administrative hearing by Administrative permission

行政听证是法治国家普遍采用的一种制度,对规制行政权力、保护公民权利具有重要作用,是行政程序的棱心。长期以来,我国行政听证立法及实践均显不足,《行政许可法》有重要突破却条文疏简,可操作性不强,留下了一些认识上的盲区。对我国行政许可实施听证相关制度需要运用一般行政法原理予以解读。

Administrative hearing is a system which is adopted prevailingly in the countries ruled by law. It has important impact on standardizing and astricting administrative power and protecting citizen right, and it is the heart of administrative procedure as well. The legislation and practice of administrative hearing in our country is still not enough for a long time. Though Act of administrative license has important breakthrough, if s articles are little and simple. At same time, if s maneuverability is not strong, which leaves sightless zone of recognition. From the viewpoint of the hearing's functions, the writer brings forward some legislation advice to perfect the system of hearing of administrative license in our country.