Hearing originated in Britain and America, and it is a system that introduces judicial trial into administrative and legislative procedures. The hearing is a simulated judicial trial, in which two parties with opposite opinions argue with each other, and the result is usually binding on the final treatment. In China, in addition to the hearing system in administrative procedures, there is also a hearing system in legislation, and many local people's congresses have held hearings when formulating local regulations.
All opinions put forward at the hearing must be answered by the decision maker in the final ruling, otherwise the relevant actions may be invalid. In American administrative law, the formal hearing is usually presided over by an administrative judge appointed by the administrative organ by the opposing parties selected by lottery. The trial completely cloned the court debate. Both sides not only expressed their opinions, but also produced their own witnesses and documents to support their views.
Finally, the administrative judge must make a final ruling like a court trial, and the ruling must respond to the views of both parties in detail, otherwise the ruling may be invalid due to procedural problems in judicial review.
Discipline and precautions at the hearing site:
1. All participants must wear valid certificates issued by the meeting group and enter the meeting place with them.
2. Please enter the venue 10 minutes in advance, and please turn off the communication tools during the meeting.
Please don't smoke in the venue, please don't walk around at will, please don't make noise or engage in other activities that hinder the order of the hearing.
4. Considering the limited speaking time of the hearing representatives, the hearing did not arrange to listen to the representatives' speeches and questions from reporters. If the delegates have any comments or suggestions, they can fill in the delegate's opinion form and submit it to the meeting group after the meeting.
5. Please raise your hand when the hearing representative speaks, and speak after the consent of the host; When the representative of the hearing speaks, with the consent of the host, other representatives of the hearing can interrupt, but they should be as brief as possible. Watch your language.
6. Please introduce yourself when the hearing representative speaks for the first time, and the speaking time should be controlled within 10 minutes. If time permits, you can speak briefly again with the consent of the moderator.
7. When you speak, please be clear, concise and don't repeat. Please focus on asking questions to the applicant and express your opinions on the scheme. Finally, we should express our opinions on the price adjustment plan.
8. After the meeting, please ask the hearing representative to stay, review the hearing record and sign it. All participants must return the documents issued by the meeting group to the meeting group.
Legal basis: Article 44 of the Administrative Punishment Law of the People's Republic of China. Before making a decision on administrative punishment, the administrative organ shall inform the parties of the contents, facts, reasons and basis of the administrative punishment to be made, and inform them that they have the right to state, defend and request a hearing according to law.