Research On The Viewpoint Of Judicialization On Chinese Administrative Reconsideration

As a result of the practice of administrative law all over the world, administrative reconsideration has a common nature : judicature. Limited by the viewpoint of anti-judicialization, legislation on administrative reconsideration in china is in a dilemma, both in system and in the enforcement of law. Such a situation can no longer meet legal demands in China today. It is therefore ,necessary to draw foreign experience as reference and to stress the quasi-judicial nature of administrative reconsideration. A new legal system of administrative reconsideration should be set up on this basis. Combining the theory of procedural justice, the paper systematically studies the judicialization of the administrative reconsideration and its reformation ,"the relation of final adjudication and administrative litigation" and "the relation of administrative reconsideration and administrative litigation " etc two problems resonsidering that the judicialization of the administrative reconsideration and the administrative litigation are correlated. The paper also analyses the shortcoming and has put forward the suggestion. The dissertation is consisted of three pieces, about 40000 Chinese characters.Chapter one firstly studies the theory of procedural justice. The article thinks that the content of the lowest quality of procedural justice decide the judicialization of the administrative reconsideration. Secondly, the part studies the influence of the anti-judicialization viewpoint, the article thinks that the key to solve the problem depends on discarding untimely the anti-judicialization viewpoint and strengthening the judicial character of the administrative resonsideration. Thirdly, the part analyses"the administrative reconsideration which is judicialized whether or not can replace the administrative litigation" and "how to pledge the efficiency of the administrative reconsideration" etc two problems.Capter two, firstly , introduce and analyse the judicialization living example of three nations such as the Britain , United States and The Republic of Korea etc.Secondly, the tentative plan of the judicialization of the administrative reconsideration is put forward in the article.Capter three firstly anlyses "the relation of final adjudication and administrative litigation" and "the relation of administrative reconsideration and administrative litigation" etc two problems resonsidering that the judicialization of the administrative reconsideration and the administrative litigation are correlated. The article thinks the reason of the final adjudication is that the administrative reconsideration possesses full efficiency and just nature. Therefore, the law regulation should be revised based on the reason of the final adjudication. Owing to the fact that judicialization of the administrative reconsideration only is the necessary condition to realize the final adjudication.,therefore judicialization of the administrative reconsideration not certainly leads to the enlargement of the final adjudication.