美国行政听证制度研究
发布时间：2019-06-13 08:56
【摘要】：听证制度作为行政程序法基本制度的核心,为各国所广泛采用。美国依其宪法中正当程序条款发展了较为完善的听证程序,要求行政机关在作出对他人不利决定前必须听取对方的意见,每一个人都有为自己辩护的权利。 1996年3月第八届全国人大四次会议通过的《中华人民共和国行政处罚法》,充分注意到行政程序制度的价值,在我国法律制度中第一次确立了行政听证制度。随后通过的几部法律对行政听证制度又有了较大的发展。然而,作为一项全新的法律制度,我国的行政听证制度起步较晚,目前还存在许多缺陷与不足,这些问题的存在,严重地妨碍了行政听证制度正常功能的发挥,亟待解决。 本文重点探讨的是美国行政听证制度,对美国行政听证制度的重要问题展开深入研究和讨论,目的是尽可能准确、全面地介绍这一制度的情况,探讨其产生和发展的历史背景和理论原因。全文共分为导论、正文三章和结语。本文第一章重点阐释了美国行政听证制度的理论渊源；第二章重点研究美国行政听证制度的种类及其具体的程序,以及美国的行政听证制度如何在一定的社会经济条件下不断发展变化,最终又是如何在实践中逐步完善自己的；第三章在前两章的基础上对照我国的行政听证制度提出设想和建议。希望能通过对美国行政听证制度的研究进一步完善我国的行政听证制度。
[Abstract]:Hearing system, as the core of the basic system of administrative procedure law, is widely used by many countries. The United States has developed a more perfect hearing procedure in accordance with the due process provisions of its Constitution, requiring the administrative organs to listen to each other before making adverse decisions against others, and everyone has the right to defend himself. The Administrative punishment Law of the people's Republic of China, adopted by the fourth session of the eighth National people's Congress in March 1996, fully paid attention to the value of the administrative procedure system and established the administrative hearing system for the first time in the legal system of our country. Several laws passed subsequently have made great progress in the administrative hearing system. However, as a new legal system, the administrative hearing system in our country started relatively late, and there are still many defects and deficiencies at present. The existence of these problems seriously hinders the normal function of the administrative hearing system and needs to be solved urgently. This paper focuses on the American administrative hearing system, and deeply studies and discusses the important issues of the American administrative hearing system, in order to introduce the system as accurately and comprehensively as possible, and to explore the historical background and theoretical reasons for its emergence and development. The full text is divided into three chapters: introduction, main body and conclusion. The first chapter focuses on the theoretical origin of the administrative hearing system in the United States; the second chapter focuses on the types and specific procedures of the administrative hearing system in the United States, as well as how the administrative hearing system in the United States continues to develop and change under certain social and economic conditions, and finally how to gradually improve itself in practice; the third chapter puts forward ideas and suggestions against the administrative hearing system in our country on the basis of the first two chapters. It is hoped that the administrative hearing system of our country can be further improved through the study of the administrative hearing system in the United States.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D971.2;DD912.1
本文编号：2498412
[Abstract]:Hearing system, as the core of the basic system of administrative procedure law, is widely used by many countries. The United States has developed a more perfect hearing procedure in accordance with the due process provisions of its Constitution, requiring the administrative organs to listen to each other before making adverse decisions against others, and everyone has the right to defend himself. The Administrative punishment Law of the people's Republic of China, adopted by the fourth session of the eighth National people's Congress in March 1996, fully paid attention to the value of the administrative procedure system and established the administrative hearing system for the first time in the legal system of our country. Several laws passed subsequently have made great progress in the administrative hearing system. However, as a new legal system, the administrative hearing system in our country started relatively late, and there are still many defects and deficiencies at present. The existence of these problems seriously hinders the normal function of the administrative hearing system and needs to be solved urgently. This paper focuses on the American administrative hearing system, and deeply studies and discusses the important issues of the American administrative hearing system, in order to introduce the system as accurately and comprehensively as possible, and to explore the historical background and theoretical reasons for its emergence and development. The full text is divided into three chapters: introduction, main body and conclusion. The first chapter focuses on the theoretical origin of the administrative hearing system in the United States; the second chapter focuses on the types and specific procedures of the administrative hearing system in the United States, as well as how the administrative hearing system in the United States continues to develop and change under certain social and economic conditions, and finally how to gradually improve itself in practice; the third chapter puts forward ideas and suggestions against the administrative hearing system in our country on the basis of the first two chapters. It is hoped that the administrative hearing system of our country can be further improved through the study of the administrative hearing system in the United States.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D971.2;DD912.1
【引证文献】
相关硕士学位论文 前1条
1 王慧;行政处罚的非正式听证程序[D];内蒙古大学;2013年
，本文编号：2498412
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