行政听证主持人制度研究
发布时间：2018-08-24 18:28
【摘要】：国务院《依法行政实施纲要》明确提出我国要建设法治政府,关于限制行政主体公权力并保护行政相对人权利的立法也规定了很多,但是关于行政听证制度,尤其是行政听证主持人制度方面,立法中存在许多缺陷和问题,既而在实践中遇到各种困难和问题。因此,完善行政听证主持人制度,其目的是实现行政听证的公平性、公正性、科学性价值,同时也具有学理研究的必要性和现实意义。随着法治政府的建设,行政听证制度发挥着重要作用,越来越受到公众的广泛关注。但是,我国目前尚未存在行政法典,所以行政程序法中的很多法律规定不统一,显得杂乱无章,而行政程序法中的行政听证主持人制度更是如此,部门规章和各地方政府规章都有很大的不同。现代行政对于行政程序中最重视的制度就是行政听证制度,它具有核心地位,而听证主持人就是听证程序的灵魂。本文结合听证主持人的概念、法律地位、特征、和功能等行政听证基本理论以及将我国听证主持人制度模式与国外听证主持人制度模式进行比较分析,总结和归纳出我国行政听证主持人制度的一些问题,进而提出从听证主持人的选任、职权、救济以及相关制度等方面来完善我国行政听证主持人制度的构想。
[Abstract]:The State Council's "outline for the implementation of Administration according to Law" clearly states that China should build a government ruled by law, and the legislation on restricting the public power of the administrative subject and protecting the rights of the administrative counterpart has many provisions, but on the system of administrative hearing, Especially in the system of presiding officer of administrative hearing, there are many defects and problems in the legislation, so there are all kinds of difficulties and problems in practice. Therefore, the purpose of perfecting the administrative hearing moderator system is to realize the fairness, fairness and scientific value of the administrative hearing. At the same time, it also has the necessity and practical significance of theoretical research. With the construction of the government ruled by law, the administrative hearing system plays an important role and attracts more and more attention from the public. However, at present, there is no administrative code in our country, so many laws and regulations in the administrative procedure law are not unified, and the administrative hearing moderator system in the administrative procedure law is even more so. There are great differences between departmental regulations and local government regulations. The administrative hearing system is the most important system in the administrative procedure in modern administration, which has the core position, and the hearing moderator is the soul of the hearing procedure. This article combines the basic theory of administrative hearing, such as the concept, legal status, characteristics, and functions of the hearing moderator, and makes a comparative analysis of the mode of the hearing moderator system between our country and the foreign hearing moderator system. This paper summarizes and summarizes some problems in the system of presiding officer of administrative hearing in our country, and then puts forward the idea of perfecting the system of moderator of administrative hearing in our country from the aspects of selection, authority, relief and related system of the presiding officer of administrative hearing in our country.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1
本文编号：2201670
[Abstract]:The State Council's "outline for the implementation of Administration according to Law" clearly states that China should build a government ruled by law, and the legislation on restricting the public power of the administrative subject and protecting the rights of the administrative counterpart has many provisions, but on the system of administrative hearing, Especially in the system of presiding officer of administrative hearing, there are many defects and problems in the legislation, so there are all kinds of difficulties and problems in practice. Therefore, the purpose of perfecting the administrative hearing moderator system is to realize the fairness, fairness and scientific value of the administrative hearing. At the same time, it also has the necessity and practical significance of theoretical research. With the construction of the government ruled by law, the administrative hearing system plays an important role and attracts more and more attention from the public. However, at present, there is no administrative code in our country, so many laws and regulations in the administrative procedure law are not unified, and the administrative hearing moderator system in the administrative procedure law is even more so. There are great differences between departmental regulations and local government regulations. The administrative hearing system is the most important system in the administrative procedure in modern administration, which has the core position, and the hearing moderator is the soul of the hearing procedure. This article combines the basic theory of administrative hearing, such as the concept, legal status, characteristics, and functions of the hearing moderator, and makes a comparative analysis of the mode of the hearing moderator system between our country and the foreign hearing moderator system. This paper summarizes and summarizes some problems in the system of presiding officer of administrative hearing in our country, and then puts forward the idea of perfecting the system of moderator of administrative hearing in our country from the aspects of selection, authority, relief and related system of the presiding officer of administrative hearing in our country.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1
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