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人一辈子可以不去法院打官司,却不可能不成为行政机关行政管理的对象。行政机关无论是制定法规、规章、条例等抽象行政行为,还是做出许可、处罚等具体行政行为,都会对公民、法人及其他组织产生直接或间接的影响。从这个意义上讲,在行政程序中公民享有听证权,是甚至重要于司法程序中公民享有的辩护权和辩论权的。众所周知,刑事诉讼被告人辩护权由刑事诉讼法规定,民事诉讼当事人的辩论权由民事诉讼法规定。那么,与此相对应,行政相对人的听证权就应由行政程序法来规定。这方面,我国较为滞后。笔者以为,为完善我国行政听证程序制度,需要建立一部统一的行政程序法。
People can not go to court for a lawsuit all their lives, but can not be the administrative organ of the administrative organ. Whether it is to formulate abstract administrative acts such as laws and regulations, rules and regulations, or to make specific administrative actions such as permission or punishment, the administrative organ will have a direct or indirect impact on citizens, legal persons and other organizations. In this sense, citizens enjoy the right of hearing in the administrative procedure even more important than the rights of citizens’ rights of defense and debate enjoyed in judicial proceedings. It is well-known that the defendants’ right to defend in criminal proceedings is stipulated in the Code of Criminal Procedure and that the rights of the parties involved in civil litigation are prescribed by the Code of Civil Procedure. Then, correspondingly, the right of hearing of the administrative counterpart should be regulated by the Administrative Procedure Law. In this regard, our country lags behind. In my opinion, in order to perfect the administrative hearing procedure system in our country, we need to establish a unified administrative procedure law.