Study On The Viewpoint Of The Judiciary Of Administrative Reconsideration

As the legal system of solving administrative disputes, the administrative reconsideration's effect in practice is not ideal. When the 10th anniversary of "Administrative Reconsideration Law " came, the relevant responsible person of State Council Legislative Affairs Office said, the State would amend "Administrative Reconsideration Law" timely. Reform's goal is driving back, "Guanguanxianghu". According to this situation we can see that the biggest drawback of the administrative reconsideration is Lack of impartiality. Western countries'practice on the administrative reconsideration have drawn and absorbed the procedural rules in the name of the court's procedural justice in varying degrees. Scholars called it the "judiciary" of administrative reconsideration .The administrative reconsideration of china regarded "non-judiciary" as the instruction and "internal supervision" as the system functions, while ignoring its functions about "right relief "and " extinguish the inferno ". Awkward position of system in practice and dislocation of function make the administrative law reform about "Judicial" becoming a priority. By studying the operational status of the administrative reconsideration committee in pilot areas, the article will summer up the experience, identify problems and make some further specific recommendations about the judicial reform under the guidance of procedural justice.