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听证在引入中国之初发生了一些激烈的争论,来自行政机关的反对意见未必都是对制度的误读,对稀缺公共资源的忧虑直接影响到听证制度的适用范围。在不断完善的听证制度中,我们必须警惕听证的司法程式化,更要关注在中国情境下的特殊要求。违反听证要求必然会导致行政行为的无效。
At the beginning of the hearing, there were some heated debates on the hearing. Objections from the executive authorities were not necessarily misreading the system. Concerns about scarce public resources directly affected the scope of the hearing system. In the continuous improvement of the hearing system, we must be vigilant about the judicialization of hearings, but also pay special attention to the special requirements in the context of China. Violation of the hearing requirement inevitably leads to the invalidation of the administrative act.