行政处罚听证程序有利于公民运用法定权利抵抗行政机关可能的不当行政行为,缩小公民这类“弱势群体”与行政机关之间地位不平等所造成的巨大反差。因此,我国行政处罚听政在借鉴吸收国外先进经验的基础上,应坚持以下基本理念:即公开理念、职能分离理念、事先告知理念、案卷排他性理念,并进一步加以完善。 The administrative penalty hearing procedure is conducive to citizens using statutory rights to resist possible improper administrative acts of administrative organs and narrowing the huge contrast caused by the inequality of status between such “vulnerable groups” such as citizens and the executive authorities. Therefore, on the basis of drawing lessons from the advanced experience of foreign countries, our administrative penalty administration should adhere to the following basic concepts: the concept of publicity, the concept of separation of functions, the notion of ideals in advance, the concept of exclusion of files, and further improvement.