Extensive Research On The Range Of Administrative Reconsideration

Administrative reconsideration is a legal system for the administrative agencies to solve administrative controversy through legal procedure and is also an important administrative relief legal system which is very common in modern countries. For the latest 20 years, China has been strengthening the establishment and perfection of the system and now she has formed a complete system from law to regulation and further to rules.The range of the administrative reconsideration is also called the range of case-accepting for administrative reconsideration which is the core of the system of the administrative reconsideration, and it is ruled specially in laws, regulations and rules respectively. 《 Law of administrative reconsideration of PRC 》 has extended the range of accepting cases to a certain extend compared with 《 the Provisions of administrative reconsideration of PRC》. However, due to different reasons , the present range of accepting cases in administrative reconsideration still excludes the abstract administrative behavior, internal administrative behavior, potential administrative behavior and administrative judicial behavior as the range of reconsideration, which is a great deficiency . The reasons for this phenomenon lies in the four facts that there are still deviation in the directing idea of legislation; the choice of different models for the administrative reconsideration and the confirmation of the nature of the administrative behavior are unclear; there are deficiencies in the technology of legislation . With the development of the economy, the progress of the society and the promotion of the legal administrative procession , the narrowness of current Chinese range of accepting cases in administrative reconsideration has hindered the efficient exertion of the administrative reconsideration functions and the maintaining of theadministrative relatives' legal rights greatly. It has brought about a lot of side effect and is surely to be further extended with its necessity and feasibility . and this extension is also a necessary tendency of the development of the administrative legality, and requirement of maintaining administrative relatives' legal rights. It can be regarded as an objective need for the relief and supervision of administrative behavior and an elementary requirement for the perfection of Chinese legislation of administrative relief. Present 《Constitution 》and 《Law of Organization of Chinese Congress》 and 《Law of legislation》 have related provisions to provide the possibility for the further extension of the range of the administrative reconsideration. However, according to present reality and circumstances in China, there are still a lot of problems to be solved if it is to be extended further. At last the author puts forward a series of opinions and counter measures as to the further extension of the administrative reconsideration for the reference of other researchers.