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所谓听证程序,是指行政执法机关在作出行政处罚决定之前,听取当事人的陈述、申辩和质证,并由听证程序参加人就有关问题进行质证、辩论,从而查明事实的过程。听证程序是一项先进、民主的制度,它是防止档案行政执法人员主观臆断、滥用职权,保证档案行政机关公正合法地实施行政处罚,维护当事人的合法权益不受侵犯的法律制度。听证制度的实施,也使得行政管理相对人在听证程序中受到法制教育,能够自觉地服从和及时履行正确的行政处罚决定,从而提高行政执法效率。怎样才能准确适用档案行政处罚听证程序,笔者认为,档案行政管理部门要正确运用行政处罚听证程序,必须把握和坚持以下原则:
The so-called hearing procedure refers to the process by which the administrative law enforcement agencies listen to the statements, defense and cross-examination of the parties prior to making the decision on administrative penalty and conduct substantive examination and debate on the relevant issues by participants in the hearing process. The hearing procedure is an advanced and democratic system. It is a legal system that prevents the file administrative law-enforcement personnel from subjective assumptions, abuses their power, ensures that the administrative organ files just and legally implement the administrative punishment, and protects the legitimate rights and interests of the parties concerned from being infringed. The implementation of the hearing system also enables the relatives of the administration to be educated in the legal system during the hearing process, and can subordinate and promptly fulfill the correct decision on administrative punishment so as to enhance the efficiency of administrative law enforcement. How to accurately apply the file administrative punishment hearing procedure, I believe that the file administrative department to correctly use the administrative penalty hearing procedures, we must grasp and adhere to the following principles: