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入世以来,WTO的各项原则、规则影响明显,其内涵、价值已经对我国的行政立法起到了推动作用,其中就包括行政听证制度。行政听证制度是现代公正行政程序的基本制度之一,程序法都对之做了相应规定。本文通过分析听证的意义、原则等,借鉴WTO原则分析国内行政听证的不足,建议针对具体行政行为和抽象行政行为分别设立非正式听证制度和正式听证制度,完善听证相对人选举和听证主持人制度等。
Since the accession to the WTO, the principles and rules of the WTO have made a significant impact. Their connotation and value have played a catalytic role in our country’s administrative legislation, including the administrative hearing system. The system of administrative hearing is one of the basic systems of the modern and just administrative procedure, and the procedural laws all make corresponding provisions. This essay analyzes the significance and principle of the hearing and draws lessons from the WTO principle to analyze the deficiency of the domestic administrative hearing. It is suggested to set up an informal hearing system and an official hearing system for the specific administrative action and the abstract administrative act respectively, and improve the system of the relative election of the hearing and the moderator of the hearing Wait.