行政处罚听证基本原则之解析

An Analysis of the System of Hearing in Administrative Penalty

行政行为具有单方意志性特征,容易对当事人利益造成损害,因此其实施必须遵循一定的制度要求。而听证作为行政处罚制度的重要内容,对于防止行政机关滥用职权,加强当事人参与程度,保护公民合法权益,提高行政效率起到了积极作用。我国虽然已经建立了听证制度,但从目前来看,还有很多不足,因此必须从完善行证处罚听证基本原则入手,来重构我国行政处罚听证制度。

Due to the features of unilateral will, the administrative conduct tends to do harm to the litigant＇ s interest, therefore, the practice must adhere to certain principles. As an important content of administrative penalty, hearing plays an essential role in preventing the abuse of power, strengthening the degree of participation of the litigant, protecting the citizen＇s legitimate rights and interests, improving the efficiency of administration as well. The author holds the view that there are still some shortcomings in the present hearing system. Hence, it is essential to promote the fundamental principles of the administrative penalty so as to reconstruct of the system of hearing in administrative penalty in our country.