What Is a Budget Hearing?

An administrative hearing refers to an activity in which an administrative organ fully listens to the opinions of citizens, legal persons, or other organizations before making important matters or decisions that involve the interests of citizens, legal persons, or other organizations. The hearing system is an important system that promotes the decision-making and administration of power organs and administrative organs according to law, and safeguards the legitimate rights and interests of citizens, legal persons or other organizations. The hearing system is an important pillar system of modern democratic politics and modern administrative procedures, and it is a concentrated expression of the fairness and democracy pursued by modern systems.

Administrative hearing

An administrative hearing refers to an activity in which an administrative organ fully listens to the opinions of citizens, legal persons, or other organizations before making important matters or decisions that involve the interests of citizens, legal persons, or other organizations.

1. Hearing organizer

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1. Problems in China's Administrative Hearing System The "People's Republic of China Administrative Penalty Law" passed in March 1996 was transplanted abroad

1. Strengthen the administrative subject procedure, the administrative concept and the administrative counterpart's awareness of the hearing right. Traditionally, it is a country with a centralized system that places emphasis on entities and procedures. Administrative power is extremely large, and the rights of administrative counterparts have not been valued for a long time. In the legislation, there are many substantive provisions, little or no procedural provisions; in law enforcement, they only prefer to pursue the realization of administrative action results. And ignore the legitimacy of the executive power exercise process; in ideology, often think that the procedures are cumbersome, affecting efficiency or even unnecessary. When administrative personnel perform their official duties or exercise their powers, they have very poor procedural awareness. Many leaders of administrative organs still have such a concept. As long as things are done right, the facts are clear, the evidence is conclusive, and the procedures are flawed, it is understandable. Today, governing the country according to law has become a consensus that administration according to law should be more procedural. Compared with the administrative procedure supervision mechanism set up during the operation of administrative power, the administrative hearing system is particularly important and necessary. Now more and more people understand and are familiar with the hearing procedure itself. At the same time, the establishment and establishment of the hearing system has also established a procedural concept. The hearing system has established strict procedural requirements and can be given to the leadership of administrative organs. Instill a procedural concept in civil servants and cultivate a procedural awareness in administrative organs. For this reason, in order to improve the administrative hearing in China, we must first understand the role and significance of procedures in terms of ideology, attach importance to administrative norms and restrict the functions of administrative power, and make it more of an administrative counterpart's right to protect the administrative counterpart. Parties have extensively participated in administration; secondly, it is necessary to formulate the administrative procedure law as soon as possible, and to establish the right to a hearing in legislation is an extremely important right of our citizens, legal persons and other organizations; finally, the hearing actually reflects a process of democratic participation . The administrative hearing provides a procedure guarantee and operational means for ordinary people to participate in the management of state affairs, which can not only help administrative agencies make correct administrative decisions, but also cultivate ordinary people's democratic qualities and awareness of political participation. 2. Clarify the scope and application procedures of the administrative hearing applicants. First, the scope of applicants for administrative hearings and how they should file applications should be further specified in the Legislative Law, the Price Law, and the Interim Measures for Government Price Decision Hearings; second, the scope of applicants for administrative punishment hearings In terms of issues, the relevant provisions in the Administrative Reconsideration Law can be used as the plaintiff and the third party of any administrative litigation law to extend the scope of the administrative hearing applicant to all interested parties. Only in this way can we truly ensure the legitimate rights and interests of citizens, legal persons and other organizations, and meet the legislative purpose of the Administrative Procedure Law.

3 Create a group of relatively independent professional hearing moderators. Our country can learn from the centralized use system of American administrative judges and establish a relatively independent and stable hearing moderator team. It requires the hearing moderators to have professional legal knowledge and administrative work for several years. Experience, and obtain a qualification certificate through a unified national examination, and then decouple it from the administrative agency where it is located. The hearing moderator who is not in the administrative agency can co-exist full-time and part-time. The legislative affairs bureaus, divisions and offices of the people's governments at all levels centrally and uniformly manage the hearing moderators in their respective administrative regions. According to the specific requirements of the hearing cases, they uniformly select the moderators, and are responsible for participating in the promotion and removal of the moderator level. The moderator in the hearing case is not limited to one person, especially in the price hearing, it is best to appear in the form of a hearing committee. Government price departments, industry authorities, experts in related fields, scholars, business administration departments, etc. The composition of the representatives is determined by the inherent requirements of feasibility, rationality and scientificness of administrative decision-making. In addition, the hearing moderators should be given clear powers and responsibilities, which is a manifestation of their relatively independent status and the key to their full play.