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Study On The Perfection Of The Administrative Review System

Posted on:2004-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:B J LiuFull Text:PDF
GTID:2156360122460502Subject:Law
Abstract/Summary:PDF Full Text Request
The establishment of the administrative review system provides a new relief path for the relative person. But from the point of view of author, an official in the department of the government legislative affairs, who has being engaged in administrative review work for some years, this system does not develop its function of rectifying mistake and applying relief completely, as the lawgiver has assumed. From the angle of practice, author tries to consummate the system through six aspects. As the author's hope, the administrative review system would favor the course of ruling by law.1. The analysis of the function of the administrative review system. The Administrative Review Law mentions administration and human rights in the same breath, which reflects the lawgiver's equilibrium viewpoint. But for author, it's just the equilibrium theory that be one of the most important factor restricting the progress of ruling by law. From the analysis of the modern administrative power history and expansion, we can clearly draw the conclusion that the administrative law would only be the controlling law. Author thinks that we should not only always keep vigilance guard over the administrative power, but also limit the administrative power strictly through the concrete system. Loosen thecontrol of the administrative power will bring fatal damage to those earnest people, who have been accustomed to the aid of government. At the same time, contrast to the judicial procedure, the administrative review system not only investigates the legitimacy of the administrative act, but also investigates its rationality, limits the discretion of the administrative organ. These all come to a decision that we should attach importance to the review law about its character of controlling administrative power.2. Establishing the fair and independent administrative review organ. During the fulfillment, author feels keenly the department of government legislative affairs incompetent to undertake the administrative review work. In the current administration system, the legislative affairs office pertains to the local administration. It's incompatible of the two roles of legal assistant and supervisor. Neglecting the dependence will make the wrong choice, and cause harm to the administrative review work. Therefore, author suggests learning from foreign experience, establishing the special administrative review committee, asking for help of the parliament and public to realize fair judgement.3. Handling the relationship of the administrative review system and the judicial procedure properly. By comparison , the administrative review system can afford more help to the relative person, and realize human rights while increase the administration efficiency. But at present, the lawgiver should pay more attention to the enactment of the procedure before judicial review. Author thinks it is only law that can set up the prepositive procedure, and definite the provision excluding theprocedure. It's necessary for the exchanges between the administrative review system and the judicial procedure in spite of some difference.4. Handling the relationship of the administrative review system and other supervising systems inner administration properly. Except for judicial litigation, there are some other supervising systems inner administration, such as administrative review, administrative inspection, administrative appeal. But in fact, the relative person still can't get relief for the buck-passing. So author suggests to reform the administration control system, and to develop the function of the administrative review system,5. Responding to the influence of modern administration positively. Ambitious modern administration brings more and more disputes in quantity and category, which needs the lawgiver of the Administrative Review Law responding in time. Here the author emphasizes that the Review Organ and the Review Jurisdiction should be consistent with other laws and judicial practice.6. Enhancing the operability of the Admini...
Keywords/Search Tags:the Administrative Review System, the Administrative Review Organ, the Administrative Review Jurisdiction, the Comparative Administrative Law
PDF Full Text Request
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