论行政听证程序的适用范围—以《烟草专卖行政处罚程序规定》的相关规定为中心

摘要

行政听证在我国已得到较为广泛的运用。听证程序的适用范围是听证发挥公平公正作用的关键所在，《行政处罚法》对此范围的规定明显过窄，不利于当事人利益的维护。《烟草专卖行政处罚程序规定》虽然适当扩大了其范围，具有积极意义，但依然没有实质性的突破，有待进一步完善。%The administrative hearing in China has got a wide range of application; the applicable coverage of the heating procedures is one of the key issues for its role of fair, the scope of The Administrative Punishment Law provisions for this is obviously too narrow, so that it is unfavorable to maintain litigant＇s interests. The Provisions of Tobacco Monopoly Administration Punishment Procedures expands its range, which has progressive significance, but it still has no substantial breakthrough and improvement, pending further consummation.