行政许可听证笔录记载事项初探

《行政许可法》确立了行政许可听证制度,该制度要求"听证应当制作笔录"。然而,对听证笔录应当包括哪些记裁事项及对记录质量的要求如何,《行政许可法》没有明确规定。由于上住法对听证记录权没有明确规定,该立法疏漏造成众多下位法对此方面的规定不尽一致;更为重要地,它间接地赋予听证记录员较大的自由裁量权,从而影响了行政许可听证的实效。文章从规范和控制听证记录权的角度出发,分析国内外行政听证笔录记载事项有关规定,总结有关行政规章中听证笔录记载事项的规定,提出完善我国行政许可听证笔录记载事项,从而更好地落实"案卷排他性"原则。

Study on the Recording Items of the System of the Administrative Licensing Hearing

The system of administrative licensing hearing,established by the administration permission law,demands that record should be made during hearing.However,there is no definite regulation that what recording items should be made in the hearing and what requirements are to the quality of record.The upper law hasn't stipulated the hearing recording right,thus this loophole causes the different regulation of this part made by many lower laws, what's worse,by giving the recorder considerable judging right indirectly,it affects the efficiency of administrative licensing hearing.In the aspects of the regulation and controlling of hearing recording right,this article analyzes the relative regulations of administrative hearing recording items in and out of our country,sums up the recording regulations of some relative administrative rules,and proposes perfecting our country's recording items of administrative licensing hearing, as to better practise the principle of files exclusivity.