Research On Administrative Reconsideration Of Justice

As one of important administrative remedy, Administrative reconsideration plays an important role in maintain rights and interests of relative people. It concrete to mean that the citizen, legal person or other organizations think that the concrete administrative behavior of the administrative organ infringes its legitimate rights and interests, to make administrative higher authorities or reconsideration organ of the legal provisions of administrative organ of behavior apply, reconsidered the legal system that the organ reexamined, checking and handling it in accordance with the law according to the due course of law.Because of the congenital defects in system design, Our country's current administrative reconsideration system have a trend that shrinks gradually, it is time to review and carry on this system. This text passes the analysis in the nature of administrative reconsideration and current administrative reconsideration system situation overseas, trying to prove the feasibility of reconsider system reform with the administrative reconsideration of justice. At the same -time, proposed carrying on the concrete route of the administration of justice reform.The full text is divided into four parts, chapter one carried on preliminary analysis to administrative reconsideration nature mainly, Administrative reconsideration nature issue is an important problem that orientate accurately to administrative reconsideration. In the administrative law circles of our country at present, the nature about the administrative reconsideration has three kinds of different views mainly, They are the theory of administrations, the theory of justice, the theory of administrative justice. I think that the nature of the administrative reconsideration should be administrative, but because of the basic content of the administrative reconsideration and special request for the basic goal, Its system mode still should be chosen the administration of justice road.Chapter two compared with the administrative reconsideration systems of severaldeveloped countries and Taiwan of our country. Regardless of administrative referee system of England, administrative judge system of U.S.A. or system of appealing of Korea S. and Taiwan, they all have a common characteristic, theirs system modes of administrative reconsideration have obvious administration of justice inclination. Take Korea S. and Taiwan of our country as an example, before the reform, each system doesn't appeal administration of justice characteristic obviously, consequence that correspond with it to appeal the system fails to fully give play to its due function. But they transform administrative reconsideration to administration of justice, making appealing system have its vigor again.Chapter three includes the facts of our country administration of unti-justice and the defects of it. Administration of unti-justice legislative mode concrete to reflect in following two respect, our administrative reconsideration establishment of organization that obviously lack independent character. On the other hand, the way of checking takes examining in writing as the principle of fixed administrative reconsideration in administrative reconsideration law. Because the influence of unti-justice mode, the following drawbacks exist in the administrative reconsideration system in our country, First of all, because we put undue emphasis on the system of administrative reconsideration is administrative, make the independent character of the administrative reconsideration organization get less than guarantee. Secondly, in under being unti-justice legislative guidelines, establish it by way of trying and trying for the reconsideration of the principle in writing. Finally, in under being unti-justice guidelines, what the procedure of the administrative reconsideration is too simple.The last chapter, I put forward to the preliminary imagination of carrying on the administration of justice reform of administrative reconsideration in our country. Among the process of reform, We should cause four...