Discussion N Major Issues And Solution Advice In Administrative Reconsideration System In China

Though the administrative reconsideration system started to be implemented lately, it has developed very fast, because it has fit in with the needs of solving administrative disputes, and gotten the great contribution in solving administrative disputes, protecting the lawful rights and interests of the administrative counterparts, and normalizing the administrative acts. As the deepening adjustment of the society interest structures and the evolution of the administrative disputes characteristics, the implementation results of Administrative Reconsideration Law published in 1999 could not satisfy with the people, so that the administrative organs feel confused , and the value of it could not be reflected fully .Based on the working experience, studying the administrative reconsideration reform theories, borrowing the advanced experience from aboard, the existing issues and reforming suggestions in administrative reconsideration are explored through the following three parts.In the first part, the major issues existed in the administrative reconsideration are summarized, and the reasons are deeply analyzed.In the second part, the administrative relief systems in 6 different countries are introduced, compared and analyzed in functional orientation, organs independence and the relationship between the administrative reconsideration and administrative proceeding in order to find their merits to be borrowed.In the third part, the advices are raised on reforming the administrative reconsideration.