论文部分内容阅读
听取陈述及申辩制度是现代行政程序制度中一项较为常见的制度。行政机关在作出行政处罚等具体行政行为时保障行政相对人的陈述、申辩权,是法治社会发展的必然趋势,也是行政处罚决定的正确作出、行政处罚程序合法的重要条件。~①听取陈述及申辩制度的功能体现在对相对人权益的维护和行政过程的理性的增强。实践中《行政处罚法》对听取陈述与申辩程序的规定能否满足行政执法的需要?能否有效保障拟被处罚人的合法权益?这是值得研究
Hearing statements and defense system is a relatively common system in modern administrative procedure system. When an administrative organ makes concrete administrative actions such as administrative punishment, it is an inevitable trend for the development of a society under the rule of law to protect the statements and defense rights of the counterparts in the administrative law. It is also an important condition for correctly making administrative penalty decisions and for legal administrative procedures. ① The function of hearing statements and defense systems is reflected in the maintenance of the rights and interests of relatives and the rational enhancement of the administrative process. In practice, can the “Administrative Punishment Law” meet the need of administrative law enforcement to hear the statement and defense procedure? Can it effectively protect the legitimate rights and interests of the person to be punished? This is worth studying