行政听证笔录法律效力研究-行政法学专业论文.docxVIP

Sha Shanghai Normal University Master of Juris Abstract 万方数据 万方数据 Abstract The effectiveness of the transcripts of administrative hearing, that is, in administrative legislation，the administrative decisions, administrative reconsideration and administrative proceedings, whether the record has the effect of exclusion. The legal effect of administrative hearing record is not uniform in the aspect of administrative legislation，in the level of administrative decision, the validity of the administrative hearing transcripts is not unified, in the administrative reconsideration and administrative litigation, the effectiveness of the hearing record has not yet made clear. The administrative hearing transcripts is the exclusive effect, scholars have not yet formed a unified opinion. This paper consists of five parts.First of all, this paper makes a brief review of the origin of the hearing system in China. After that, the definition of the record of the administrative hearing and the meaning of the record of the administrative hearing were defined. This paper also briefly introduces the relevant provisions of the effectiveness of the administrative hearing in other countries, and on this basis to explore the mode of our country. This paper analyzes the present situation of the effectiveness of the administrative hearing record in our country and points out the defects of the existing rules, and puts forward some suggestions for these problems in practice. The main innovation of this paper is that through the comparison of different programs that the effectiveness of the administrative hearing transcripts in different procedures should be different: in the administrative decision level, through the analysis to the administrative licensing and administrative punishment, it is concluded that both the relative significance is not the same, generally speaking, punishment is invading benefit behavior, to the administrative hearing transcripts for the punishment decision is made ba