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Hearing system in the United States

2019-01-25 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- Hearing system in the United States,供大家参考学习,这篇论文讨论了美国的听证制度。美国的听证制度始于1946年《联邦行政程序法》,首次以成文法的形式明确规定了行政听证程序,强调对于一切可能影响当事人利益的事项都要经过听证程序。目前美国的听证会已经普遍存在于立法、行政、司法程序中,对于规范公共权力的运行,充分吸收公众的意见,保证公民的知情权和参与权发挥重要作用。

Hearing system,美国听证制度,essay代写,作业代写,代写

The American hearing system started from the federal administrative procedure act of 1946, which explicitly stipulated the administrative hearing procedure in the form of written law for the first time, emphasizing that all matters that may affect the interests of the parties shall go through the hearing procedure. At present, the hearings in the United States have generally existed in the legislative, administrative and judicial procedures. They play an important role in regulating the operation of public power, fully absorbing public opinions, and ensuring citizens' right to know and right to participate.

The pricing of public utilities is attributed to administrative decision-making. Specific procedures are mainly stipulated in state laws. Most informal hearing procedures are adopted to obtain as much public response as possible. There are many stakeholders participating in the hearing, including the applicants for price adjustment and their representatives, anyone whose economic interests are affected, and representatives of various social organizations such as environment, commerce, labor and trade.

Consumer participation is important for pricing hearings. The law requires the public advocate to participate in the hearing on behalf of the interests of consumers. At the same time, individual consumers are encouraged to participate actively in the hearing. Applicants can apply for hearings as long as they can show that their interests have been affected by rising prices for water, electricity, gas, telephone and so on. Consumers can apply for hearing, but also can join consumer associations and other social organizations to participate in the hearing. If a consumer wants to attend a hearing but does not know much about the facts, they can apply to the public solicitor's office, which holds meetings in areas affected by the price increases.

In the United States, there is no hearing representative, as long as the stakeholders who apply for participation in accordance with the regulations have the opportunity to participate in the hearing. Due to the large number of participants, hearings usually last several days, and some even held for dozens of days. For important bills, multiple hearings will be held in multiple localities to ensure maximum public input. The 1972 clean water act, for example, was preceded by 44 consecutive days of hearings across the country. For the convenience of consumers, hearings are often scheduled in the afternoon or evening. Although there is a lot of input in terms of time and cost, this kind of full exchange of opinions and information collection process plays an important role in trying to reach a consensus among the government, public utilities and consumers and reduce the resistance after the implementation of the policy.

In the public utility pricing hearing, many social groups representing the interests of consumers not only participate in the hearing on behalf of the interests of consumers, but also actively promote the majority of consumers to participate in the hearing to prove that the matter under discussion involves greater public interests. Social groups will provide consumers who are willing to participate in the hearing with many professional guidance, including how to apply for a hearing, how to put forward opinions and Suggestions, how to answer questions and so on.

The existence of a large number of social groups enables various interest groups to obtain the support of participation. In the price hearing of the United States, the main force to safeguard the interests of consumers is various consumer organizations. Due to the professional staff and adequate financial security, the opinions often have strong technical, logical and informative characteristics, which can have a greater impact on administrative decisions.

Hearings must be held in public except on statutory matters relating to state secrets and security, personal privacy and trade secrets. It is for the purpose of allowing stakeholders to fully express their opinions that relevant government agencies "publicize" the hearing in various ways before it is held, including public media such as newspapers, radio stations and television stations that "hold public hearings". The organizer will also post the hearing notice on the public notice board in the area that may be affected by the price and send the hearing notice to the specific organization or group by mail. The hearing notice includes the time and place of hearing, the hearing procedure and the introduction of the hearing affairs.

Because the hearings are subject to changes in the open meetings act of the states, they are also subject to the notice requirements of the act. Some cities or counties also choose to issue notices in ways other than those provided by law. If the law does not provide otherwise, it is best to inform those who may be affected and give them sufficient time to prepare for the hearing. Notice is usually given one week or ten days before the hearing.

The hearing examiner is usually an administrative judge or a member of the public utility commission, relatively independent and authoritative. Before the hearing begins, the presider announces the specific procedures and disciplines for the hearing. If the number of people attending the hearing is large, limit the time each person can speak and require the speaker to focus on the topic of the hearing. The hearing shall be recorded in the whole process and the hearing records shall be made. The public may consult and copy the hearing records. The hearing process implements the principle of openness. During the hearing process, there will be live broadcast by TV stations and radio stations. After the hearing, the public also has the right to see the relevant records of the hearing. In order to ensure that the hearing participants attach importance to the statement of opinions in the hearing, the general hearing examiner will ask whether the statement is willing to truly express opinions on the statement under oath, which is called the statement under oath. Under normal circumstances, sworn statements will receive more attention in decision-making, which not only urges hearing participants to be responsible for their own opinions, but also can avoid the impact of malicious interference on hearing efficiency.

Hearing has become an indispensable part of American administrative procedure. In legislative and administrative decisions, although there is no express law, almost all legislative proposals have to go through the hearing process, especially in some major administrative legislation or decision-making, there are very few bills or decisions without going through the hearing process.

Experts participating in the hearing can improve the scientific nature of legislation and decision-making. In some areas that show a high degree of professionalism and technicality, experts in relevant fields should be invited to participate in the hearing before legislation, so as to provide scientific advice for legislators and decision makers.

With a wide range of participants and a high degree of public participation, the hearing can absorb more public opinions and improve the democracy of decision-making. In the United States, there is no hearing representative in legislation or decision-making hearings. As long as the hearing representative can prove that his/her interest is affected by the price increase, he/she can register for the hearing. Representatives of different interests can fully state their opinions during the hearing, which helps the administrative organ to hear more opinions. Because of the wide range of participants, questions such as the qualifications of hearing representatives, often questioned in China's price hearings, no longer exist in the United States. In addition, because American social organizations are very developed, many hearings are attended by representatives from social groups, which are relatively professional and can effectively remedy the problem of information asymmetry.

The hearing and decision-making process is highly transparent. The openness and transparency of the hearing process make it under the all-round effective supervision of the society, which is not only conducive to ensuring the interests of the parties, but also conducive to making the hearing results easily accepted by all parties in the society. In addition, U.S. law places special emphasis on openness in decision-making. Although the federal open information act protects the exchange of opinions within and between agencies during discussions, once a decision is made, the documents used as the basis for the decision must be made public so that the public can effectively supervise the decision and its basis.

During the hearing, the hearing participants shall be guided to urge the participants to put forward opinions and Suggestions responsibly through oath and other forms. The application of sound recording, video recording and other technical means in the whole hearing process can also improve the openness and fairness of the hearing process.

The federal administrative procedure act makes it clear that the hearing moderator, the hearing procedure, is presided over by the hearing examiner. Some states provide that the hearing examiner shall be an administrative judge. American law stipulates the rights and obligations of administrative judges and affirms their relatively independent and impartial legal status. Administrative judges are relatively independent in law and are not under the direct control of the chief executive of the administrative organ. Each administrative judge takes turns to preside over the hearing, and their functions are separated. They cannot hold positions incompatible with the preside over the hearing, and they cannot unilaterally contact any party. Administrative judges are the staff members of the administrative organs in which they are established, but they are fully guaranteed by law in terms of appointment, removal, promotion and treatment. The independent and detached legal status objectively creates conditions for the hearing judge to maintain a neutral position, so that he can handle the relevant matters in the hearing seriously according to the principle of justice. Some state laws stipulate that members of the public utility commission, most of whom are public figures, should serve as the hearing examiner, which also has high independence and social prestige.

The law not only requires professional public councilors to participate in hearings on behalf of consumers to safeguard consumers' rights and interests, but also a large number of social organizations are committed to safeguarding consumers' rights and interests. In particular, professional social organizations can provide many valuable opinions and Suggestions for government decision-making.

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