听证制度研究

Hearing Rules Study

听证制度是行政程序法律制度的核心,其法理学基础一般认为是英美普通法中的自然公正原则。美国是较早建立听证制度的国家,基于正当法律程序的理念,《联邦行政程序法》为世界各国提供较为完备的听证制度的范本。我国现已确定了正式听证制度,但在听证制度的程序规定等方面还存在着较为明显的缺陷。

Hearing is the core of the administration process law system. As is generally accepted, the natural justice principle of the common laws of the U.S. and Britain is regarded as the base of its legal principle.The United States of America is the advance country to establish the hearing rules, and according to the idea of procedural due process, the PLA of the U.S. provides a comparatively perfect model of hearing rules for other countries.The hearing rules have been built in our country, however with some evident defects in its hearing process rules.