我国行政听证主持人选任制度研究

发布时间：2018-06-26 18:25

本文选题：行政听证主持人 + 选任　；参考：《海南大学》2015年硕士论文

【摘要】：行政听证制度源于国外,上世纪九十年代引入我国,近年来在我国有了较快的发展和较广泛的应用,成为重要的行政程序之一。作为听证程序的主导性人物,行政听证主持人组织、推动、调节着听证活动的进行,其素质、能力、道德素养影响着听证活动的效果。因此,选任合格的行政听证主持人对完善行政听证主持人制度、充分发挥听证制度功能显得尤为重要。然而,值得关注的是听证制度在我国现阶段相关立法不健全,特别是行政听证主持人选任制度方面的规定更是少之又少。目前,我国行政听证主持人选任主要面临着选任原则不明确、选任程序不规范、听证主持人素质较低等问题,影响了行政听证主持人应有的客观、独立、公正的立场和地位,影响了行政听证会的效果,也降低了行政相对人对听证结果的满意度。通过分析我国该项制度的现状和问题,研究美国行政法官制和其他国家相关听证主持人选任制度,吸收有益经验,对完善我国行政听证主持人选任制度提出以下建议：确立行政听证主持人中立、公正、效率的选任原则；健全我国行政听证主持人选任制度的立法,明确听证主持人的法律地位、职责,规范选任程序等；尝试建立行政听证主持人职业资格准入制度,以考试方式选拔合格行政听证主持人；逐步建立行政听证主持人名册制度,将听证主持人纳入政府法制机构的监督和管理下,逐步打造职业化、专业化的行政听证主持人队伍。
[Abstract]:The administrative hearing system originated from abroad. It was introduced into our country in 1990s. In recent years, it has been developed rapidly and widely used in our country, and has become one of the important administrative procedures. As the leading figure of the hearing procedure, the administrative hearing moderator organizes, promotes and regulates the hearing activity, its quality, ability and moral accomplishment affect the effect of the hearing activity. Therefore, the selection of qualified administrative hearing moderator is particularly important to improve the administrative hearing moderator system and give full play to the function of the hearing system. However, it is worth our attention that the hearing system is not perfect at the present stage of our country, especially the provisions of the selection and appointment system of the presiding officers of the administrative hearing are very few. At present, the selection and appointment of the presiding officers of the administrative hearing in our country are mainly faced with some problems, such as unclear selection principles, irregular selection procedures, low quality of the presiding officers of the hearings, which have affected the objective, independent and impartial stand and status of the presiding officers of the administrative hearings. It affects the effect of administrative hearing and reduces the satisfaction of administrative counterpart to the result of hearing. By analyzing the present situation and problems of this system in our country, this paper studies the selection system of presiding officers of administrative law in the United States and other countries, and absorbs beneficial experience. The following suggestions are put forward to perfect the selection and appointment system of the presiding officers of administrative hearings in China: establishing the principles of neutral, impartial and efficient selection of the presiding officers of administrative hearings, perfecting the legislation of the selection and appointment system of the presiding officers of administrative hearings in our country, To clarify the legal status, duties and procedures of the presiding officers of the hearing; to try to establish the admission system of the professional qualifications of the presiding officers of the administrative hearings; to select the qualified presiding officers of the administrative hearings by way of examination; to gradually establish the roster system of the presiding officers of the administrative hearings; Under the supervision and management of the government legal institutions, the presiding officers of the hearing will gradually build a professional and professional team of presiding officers of the administrative hearings.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.11

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