新颁《行政许可法》中听证制度若干问题的探讨

A Tentative Approach to the New Hearing System of Act of Administrative Licensing

《行政许可法》从行政许可的实际需要出发,以专节的形式规定了听证程序,它在一些方面突破了我国已往的规定,必将对我国今后的听证实践产生深远影响。但同时,立法者的谨慎态度使得我国听证制度的创新不足,暴露了很多局限之处。

The ordination of Act of Administrative Licensing is an important event in the development of China's administrative law, and is conducive to construction of the rule of law. In order to satisfy the demand of actual practice, the Act devotes a separate section to the Hearing Process, which breaks through former regulations in several aspects, especially in the effect of records of a hearing. Henceforth, it will definitely exert a far-reaching influence on our future practice of the hearing. On the other hand, however, the prudence of legislator has resulted in a lack of innovations and has given rise to many limitations.