【作者】 朱孟才；

【导师】 张创新；

【作者基本信息】 吉林大学 ， 行政管理， 2011， 博士

【摘要】 所谓行政决策听证,是指国家行政机关在做出直接涉及社会公众利益的公共决策时,主要通过召开听证会的形式来听取利害关系人、社会各方以及有关专家的意见,从而实现科学、合理、公正决策的一种规范性程序设计。它有利于政府机关和公众之间的双向沟通,消除由于信息不对称造成的不信任,及时疏导利益冲突,构筑社会和谐,体现了公开、民主的现代行政精神。研究行政决策听证制度,具有重大的实践意义和理论意义。本文采取理论联系实际的方法、现实分析的方法、比较分析的方法、归纳法等,对行政决策听证制度的一些基本问题,包括行政决策听证制度的意义,相关概念及理论渊源,西方主要国家行政决策听证制度的现状,行政决策听证制度的功能与价值,我国行政决策听证制度的发展、问题与原因进行了总括性的研究。在此基础上提出主要应当从坚持行政决策听证制度发展与完善的基本原则,以建立现代行政观念为先导,以改革程序设计为前提,以优化行政人员为关键,以转变政府职能为基础,以社会组织发展为动力,以相关制度建设为保障等方面来对我国的行政决策听证制度进行优化。更多还原

【Abstract】 Administrative decision-making in government policy is in the key position, and directly affect the level and efficiency of government management. Decision-making success is the greatest success, decision making mistakes is the greatest mistake. Along with the rapid development of Chinese society changes, especially in China has joined WTO and we have entered into a "risk society" background, the Government must make their own decisions on major issues suddenly increased, factors that affect the administrative decision-making more complex than in the past, for the government of administrative decision democratization, scientific put forward higher request. Improving administrative decision democratization and scientific , which requires the government to improve its quality and ability, more reliable and more viable option is to involve citizens to participate in decision-making. This is a wonderful political vision, embodies the ruling party to seek the policy for who, whether in the right position as a civil servant and master the problem of the relationship between the people and it embodies democratic political spirit, are critical to the overall development of a series of major issues related to the vital interests of the event, also related to a country’s democratization process, administrative decision hearing system then provides such a platform. According to the current situation, administrative decision in hearing to some degree of development, in terms of price, environmental protection, urban planning hearing is endless, hearing procedure significance and system value began to administrative organs and the general public recognized. However, because of the hearing system applied in policy areas is but a dozen years, research on administrative decision-making hearing system is still not mature, is still in the stages of theoretical reference and learning.To implement administrative decision-making hearing, to improve decision-making more scientific and democratic government have become the main objectives in recent years. The establishment of administrative decision-making hearing system will make the government decision-making system more smoothly, more harmonious, Improve the effectiveness of government administration greatly, and produce a common social orientation and the demonstration effect. China’s administrative hearing system is ineffective in practice, in theory, there is no solid foundation. But only in solid foundation building, to ensure the quality of the whole system and developing direction. Therefore, it is important to analyze the nature and found that the inevitability of administrative decision-making system, their application in China is more convincing.In summary, this paper is divided into five chapters and the conclusion of six parts: The first chapter, from the current situation, China’s administrative hearing to a certain degree of development, both in theory and practice but has a greater level of improvement and innovation space. This chapter analyzes the administrative hearing system on the significance of the theory and practice, the core definition of the concept, analysis of the domestic and international research on the administrative hearing system, and puts forward the research Angle, analytical framework and research methods.In the second chapter, this chapter analyzes the theoretical origin of administrative decision hearing system, such as participatory democracy theory, deliberative democracy theories, governance theory, democratic administration theory and the theory of limited government administration; functions of administrative decision-making hearing system, such as expanding public participation, reflect people’s democratic basic requirements, a comprehensive collection of information, promote administrative decision-making rationalization scientific, public administrative processes, enhance the transparency of administrative decision legitimacy and coordinate the multiple interests, practically improve of citizens’ rights protection, improve the implementation and consciously safeguard the smooth implementation of administrative decision-making, the values of the administrative organs and social public.The third chapter, China began to introduce an administrative hearing system and legislative decision-making areas of the mid 90’s began in the 20th century, for decision making diversified and political participation are the influence, is considered the latest progress of China’s political reforms. After more than ten years of development, administrative decision hearing system has grown deeply involved in China’s political ecology, and become an indispensable part. This chapter analysis Chinese administrative decision-making hearing system in the empirical, focusing on history of administrative decision hearing system, the problems of administrative decision making hearing system, and the reasons of the problems.The fourth chapter, in America, Britain, Germany, Japan and other developed countries, in order to express public opinion fully, to coordinate the interests of all parties, and improve the quality of government decision-making, are widely practiced in the decision-making hearings, and in their respective development process, forming different features. This chapter analyzed administrative decision-making hearing system in these countries, such as legal basis, the scope of hearing, chairperson of the hearing, the hearing representative (attend), and hearing procedure, the hearing form and hearing records, and its characteristics are discussed briefly.Chapter V, after 30 years of reform and opening up, China has come to a critical stage of system design. Develop and perfect administrative decision hearing system, from the overall shall macro dynamic perspective, the administrative decision-making hearing system of environment factor analysis, make sure the system’s development perfect condition and objective basis, then around the center to create modern economic construction with Chinese characteristics of administrative decision hearing system, this is the deepening reform of government administration, also will be the common historical task of the administrative reform and the theoretical workers. On the basis of the previous analysis, this chapter is to address how to improve and develop the system of the administrative hearing problems. Around of administrative decision in the hearing system development and the basic principle in this paper, the principle of democracy, interests, the rule of law, reference. Establishment of a modern administrative concept as the forerunner, reform program design as the premise,to optimize administrative personnel as the key and with the relevant system construction for the protection of the social organization development as a driving force and take the practical basis of government function transformation, etc. The last part of the paper is the conclusion, mainly in the previous chapters of the relevant administrative hearing system for the representation of views to be summarized, thus make a clearer outline and describe for administrative decision-making hearing system.更多还原