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八届全国人大四次会议审议通过的《中华人民共和国行政处罚法》第一次较为系统地规定了实施行政处罚的程序,而且将听证作为行政处罚程序的一项重要法律制度确定下来。听证制度的确立,对行政机关、行政执法人员和社会公众来说,都还是一个崭新的课题。《行政处罚法》对听证程序只作了原则的规定,该法实施两年多的时间以来,常常遇到不少法律上没有明文规定的具体问题。本
For the first time, the Administrative Punishment Law of the People’s Republic of China examined and approved by the Fourth Session of the Eighth NPC has laid down the procedures for the implementation of administrative punishment systematically, and has determined the hearing as an important legal system of administrative penalty procedures. The establishment of the hearing system is still a brand new topic for the executive authorities, law enforcement officers and the general public. The Administrative Punishment Law provides only the principle of the hearing procedure. Since the implementation of the law for more than two years, it has often encountered many specific problems that are not legally stipulated. this