我国行政处罚听证制度研究
发布时间：2019-07-01 17:24
【摘要】：随着公安部2013《机动车驾驶证申领和使用规定》的正式实施,交通处罚越来越受到人们的关注。在我国,交通处罚作为行政处罚中较为常见的一种,与人们的生活密切相关。事实上除了交通处罚之外的其他行政处罚在口常生活中我们也能经常见到,甚至能够亲身体会到。行政处罚作为行政机关针对行政相对人作出的具体行政行为,对行政相对人的合法权益会产生一定的影响。如果行政机关作出的具体的行政处罚决定侵害了行政相对人的正当权益,行政相对人应当通过何种方式来维护其权益就是我们需要考虑的问题,行政复议、行政诉讼都是行政相对人能够采取的维护自身合法权益的合法途径,但是这两种途径都存在法定的适用范围,一旦超出这个范围,我们又当如何呢?这就是本文探讨的问题所在,即通过行政听证制度来维护公民的合法权益。行政听证制度自1996年被我国《行政处罚法》引入以后获得一定程度的发展,但是到目前为止还存在许多的问题,本文从听证制度的起源谈起,通过分析我国听证制度目前存在的具体问题来寻找能够完善这一制度的措施,促进这一制度发展,使其在行政处罚领域发挥更大的作用,以更好地规范我国行政机关行使行政处罚权。
[Abstract]:With the formal implementation of the 2013 regulations of the Ministry of Public Security on the Application and use of Motor vehicle driving permits, traffic penalties have attracted more and more attention. In our country, traffic punishment, as a more common administrative punishment, is closely related to people's life. In fact, in addition to traffic penalties, we can often see and even experience other administrative penalties in oral life. Administrative punishment, as a specific administrative act made by the administrative organ against the administrative counterpart, will have a certain impact on the legitimate rights and interests of the administrative counterpart. If the specific administrative punishment decision made by the administrative organ infringes on the legitimate rights and interests of the administrative counterpart, the way in which the administrative counterpart should safeguard its rights and interests is the question that we need to consider. Administrative reconsideration and administrative litigation are the legitimate ways that the administrative counterpart can take to safeguard their legitimate rights and interests, but both of these ways have legal scope of application, once they are beyond this scope. What are we supposed to do? This is the problem discussed in this paper, that is, through the administrative hearing system to protect the legitimate rights and interests of citizens. The administrative hearing system has been developed to a certain extent since it was introduced into the Administrative punishment Law of our country in 1996, but up to now, there are still many problems. Starting from the origin of the hearing system, this paper analyzes the specific problems existing in the hearing system in our country to find out the measures that can perfect this system, promote the development of this system, and make it play a greater role in the field of administrative punishment. In order to better regulate the exercise of administrative punishment power by the administrative organs of our country.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.11
本文编号：2508666
[Abstract]:With the formal implementation of the 2013 regulations of the Ministry of Public Security on the Application and use of Motor vehicle driving permits, traffic penalties have attracted more and more attention. In our country, traffic punishment, as a more common administrative punishment, is closely related to people's life. In fact, in addition to traffic penalties, we can often see and even experience other administrative penalties in oral life. Administrative punishment, as a specific administrative act made by the administrative organ against the administrative counterpart, will have a certain impact on the legitimate rights and interests of the administrative counterpart. If the specific administrative punishment decision made by the administrative organ infringes on the legitimate rights and interests of the administrative counterpart, the way in which the administrative counterpart should safeguard its rights and interests is the question that we need to consider. Administrative reconsideration and administrative litigation are the legitimate ways that the administrative counterpart can take to safeguard their legitimate rights and interests, but both of these ways have legal scope of application, once they are beyond this scope. What are we supposed to do? This is the problem discussed in this paper, that is, through the administrative hearing system to protect the legitimate rights and interests of citizens. The administrative hearing system has been developed to a certain extent since it was introduced into the Administrative punishment Law of our country in 1996, but up to now, there are still many problems. Starting from the origin of the hearing system, this paper analyzes the specific problems existing in the hearing system in our country to find out the measures that can perfect this system, promote the development of this system, and make it play a greater role in the field of administrative punishment. In order to better regulate the exercise of administrative punishment power by the administrative organs of our country.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.11
【参考文献】
相关期刊论文 前1条
1 李金忠;试谈我国行政听证制度的缺陷及完善途径[J];陕西教育学院学报;2005年02期
，本文编号：2508666
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