去年底,由上海市行政法制研究所主办、苏州大学等单位学者参与的行政听证制度研讨会在上海举行。研讨会对中国的行政听证制度方方面面的问题进行了全面、深入的讨论,这在全国尚属首次。这次研讨会的特点是充满着理论联系实际、百家争鸣、自由研讨的学术氛围。鉴于我国法学界对行政听证制度方面的理论研究还不太多,笔者特将几个主要方面的讨论情况追述如下:一、关于行政昕证制度的由来和法理基础一种意见认为:行政听证制度对中国来说,是“舶来品”,是现代中国借鉴外国有益的行政法制度的成果。中国古代就有“兼听则明、偏信则暗”的辩证思想,但主要用于官吏听讼断案方面,并长期为维护君权和官僚制度所用。因此中国长期以来在行政领域没有产生过独立的民主的行政听证制度。西方听证思想已有很长的历史,但其法理基础主要是英国的“自然公正”原则、美国的“正当法律程序”以及德国的法治理论和依法行政原理等。例如英国的“自然公正”原则中主要内容包括“任何人的辩护必须被公正地听 At the end of last year, a seminar on administrative hearing system, which was sponsored by the Institute of Administrative Law of Shanghai and attended by scholars and scholars from Suzhou University, was held in Shanghai. The seminar conducted a comprehensive and in-depth discussion on various aspects of China’s administrative hearing system, which is the first time in the country. The seminar is characterized by its academic atmosphere of integrating theory with practice, contending with one another and freely discussing. In view of the fact that there are not many theoretical studies on the system of administrative hearings in China’s jurisprudence, the author reviews several major aspects of the discussions as follows: First, the origin and legal basis of the administrative license system One opinion is that the administrative hearing system For China, it is a “imported product” and is the result of modern China’s borrowing from the administrative law system that is of benefit to foreign countries. In ancient China, there were dialectical ideas of “listening to the rules, believing in the rules and believing in the darkness,” but they were mainly used in the case of hearing offenses by officials and for a long time to safeguard the monarchy and the bureaucratic system. Therefore, China has long had no independent democratic administrative hearing system in the administrative field. The western hearing theory has a long history, but its legal basis is mainly the “natural justice” principle in the United Kingdom, the “due process of law” in the United States, the rule of law in Germany and the principle of administration according to law. For example, the main elements of the “natural justice” principle in the United Kingdom include: "Anyone’s defense must be impartially heard