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行政决策听证作为一种法律程序,应当符合程序正义的基本要求。中国现阶段行政决策听证制度缺乏统一的听证规则;听证参与人缺少应有的法理属性;听证的抗辩性不强;缺乏对听证代表意见的回应和救济机制等。完善中国行政决策听证制度,应当强化程序观念,提高全体公民的听证权意识;制定统一的听证规则;完善听证主持人制度和代表遴选制度;建立对听证意见的回应与救济机制。
Administrative decision-making hearing as a kind of legal procedure should meet the basic requirements of procedural justice. At the present stage, the system of administrative decision-making hearing in China lacks a unified hearing rule; the hearing participants lack the due legal attributes; the hearing is not defensible; and there is no response to the hearing and the relief mechanism. Perfecting the system of China’s administrative decision-making hearing, we should strengthen the procedural concept and raise the awareness of all citizens on the hearing right; formulate a unified hearing rules; perfect the system of the hearing presenter and the selection of delegates; and establish the mechanism of response and relief to the opinions of the hearing.