The position of the presiding hearer in the hearing procedure is similar to that of the judge in the judicial procedure. He is in charge of the hearing procedure. Whether the presiding hearer has an independent position is very important for the fairness of the hearing procedure. Therefore, the appointment of the presiding hearer should follow the principle of separation of functions. According to the provisions of this law, the administrative organ shall designate someone other than the staff who examines the application for administrative license as the presiding hearer, that is to say, the presiding hearer may be the staff of the same administrative licensing organ, not the staff who is responsible for the examination of administrative license. The principle of separation of functions is to help the presiding hearer to be objective and fair in the process of hearing, instead of bringing the impression he got in the process of investigation into the hearing procedure to avoid prejudice.

In order to ensure the independence of the hearing host, according to the law, if the applicant or interested party thinks that the hearing host has a direct interest in the administrative licensing matter, it has the right to apply for withdrawal. Interests mainly refer to economic interests, that is, individuals can directly gain or lose interests from the judgment of a case. If the host has a direct interest in the administrative licensing matters, the host shall take the initiative to apply for withdrawal, and the applicant or interested party also has the right to apply for withdrawal.

During the hearing, the presiding hearer has the right to direct the hearing, interrogate witnesses, arrange the order of evidence investigation, take necessary measures against those who obstruct the hearing and make decisions on procedural issues arising in the hearing. ?

Hearing originated in Britain and America, and it is a system that introduces judicial trial into administrative and legislative procedures. The hearing is a simulated judicial trial, in which two parties with opposite opinions argue with each other, and the result is usually binding on the final treatment. In China, in addition to the hearing system in administrative procedures, there is also a hearing system in legislation, and many local people's congresses have held hearings when formulating local regulations.