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听证制度是源自于英美法系中自然公正的听取两方面意见的法理,是现代社会民主的标志。所谓的听证,即是国家机关在做出某项决定前,组织召集特定对象,公开、公平地听取意见、建议的一种活动。可以分为立法听证、司法听证、行政听证。随着1996年我国的《行政处罚法》颁布,听证制度已经被我国以法律的形式确立下来。行政听证制度是指行政机关在行使行政权作出影响行政相对方一方当事人的权利义务的决定前,给与当事人就重要事实表述意见机会的程序性的一种法律制度。行政听政制度是一种重要的现代行政程序法的核心制度,在很多国家的法律中都有规定。
The hearing system is derived from the natural and fair legal jurisprudence of both Anglo-American legal systems and is the hallmark of modern social democracy. The so-called hearing is an activity in which a state organ organizes a specific object before it makes a decision, and publicly and fairly solicits opinions and suggestions. Can be divided into legislative hearings, judicial hearings, administrative hearings. With the promulgation of the “Administrative Punishment Law” of our country in 1996, the hearing system has been established by our country in the form of law. The administrative hearing system refers to a procedural legal system that gives the parties the chance to express their opinions on important facts before they exercise the executive power to make decisions that affect the rights and obligations of one party to the administrative counterpart. The administrative hearing system is an important core system of modern administrative procedure law, which is stipulated in the laws of many countries.