我国行政拘留纳入法定听证程序适用范围研究

Research on the Application Scope of Administrative Detention Brought into Statutory Hearing System in China

听证制度是现代行政程序法的核心制度。在现代法治国家,尤其是在行政执法的过程中,听证程序对于规范公权力的行使、保障公民的基本权利起到了重要作用。然而,当前我国立法并未将行政拘留纳入法定听证的适用范围之内,这无疑与我国行政法治的实践要求严重不符,阻碍了法治国家、法治政府和法治社会的建设。而这一立法缺陷有其深厚的时代因素、理论因素和制度因素。党的十八大以来全面依法治国、深化行政执法领域改革,我国行政法治领域取得了一系列的重要成果,法治人才队伍进一步壮大,全民的法治素养得到提高,权利主体意识更是深入人心。在法治中国建设的大背景下,将行政拘留纳入法定听证程序适用范围有其合理性、必要性和可行性。行政拘留听证制度的建立有着重大的积极意义,其不仅可以更好地避免公权力的滥用、减少执法人员决策失误带来的消极影响,更将成为我国人权事业发展的重要标志。The hearing system is the core system of modern administrative procedure. In the modern state ruled by law, especially in the process of administrative law enforcement, the hearing procedure plays an important role in regulating the exercise of public power and guaranteeing the basic rights of citizens. However, the current legislation of our country does not include administrative detention in the scope of application of legal hearing, which is undoubtedly inconsistent with the practical requirements of our country’s administrative rule of law, and hinders the construction of the country, the government and the society under the rule of law. This legislative defect has its profound factors of The Times, theory and system. Since the 18th National Congress of the Communist Party of China, comprehensively governing the country according to law and deepening the reform in the field of administrative law enforcement, China has made a series of important achievements in the field of administrative rule of law, the team of legal talents has been further expanded, the legal literacy of the whole people has been improved, and the consciousness of the subject of rights has been deeply rooted in the people’s hearts. Under the background of the construction of the rule of law in China, it is reasonable, necessary and feasible to bring administrative detention into the scope of application of legal hearing procedures. The establishment of the administrative detention hearing system has a great positive significance;it can not only better avoid the abuse of public power and reduce the negative impact of law enforcement personnel decision-making errors, but also become an important symbol of the development of human rights cause in our country.