Study On The System Of Administrative Reconsideration Committee In China

As an effective way to resolve administrative disputes, administrative review has been recognized by many countries' law. Compared with administrative litigation and other means to resolve administrative disputes, the advantage of administrative review is wide overview, simple program, fast and efficient, and lower cost. Administrative review in China began with Administrative Review Regulation in 1990. Based on the experience of Administrative Review Regulation, the Ninth Meeting of the Ninth NPC Standing Committee promulgated the Administrative Review Law on April 28,1999. Administrative Review Law further improving the system of administrative review on the scope of administrative review and the administrative review procedures. Administrative Review Law means that the administrative review system has been formally established in the form of law. However, the number of administrative review cases did not increase but decrease with the implementation of Administrative Review Law. At the same time, the number of administrative litigation cases increased substantially. The superiority of administrative review did not play well because of the implementation of Administrative Review Law. The reason is that the current system of administrative review organization is set unreasonably, that the administrative review bodies are not independent, that the jurisdiction of the administrative review system is difficult to guarantee the fairness of the results of administrative review, that the unperfected operational mechanism of administrative review is not conducive to protect the information and participation right of the applicant and the third person. These problems led to the loss of credibility of administrative review and thus hinder the further development of administrative review. Therefore, it is imminent to build a system of administrative review which is not only suitable for China's national conditions, but also with Chinese characteristics. I believe that the establishment of a new administrative review system is to build a unified, independent, impartial, efficient and credible administrative review council. Based on the analysis of current administrative review system in China and some foreign countries,and on the proof of the legal status and functions of administrative review council, we proposes to build a unified, independent administrative review council, in order to help build a new administrative review system in China. The main contents are as follows:The first part, through the analysis of ten years' practice of Administrative Review Act, pointed out the existing problems of administrative review, especially the unreasonable organization and the nondependent administrative review bodies.The second part is a legal analysis of the administrative review council. To reform the existing administrative review organization and establish a unified and independent administrative review council, it is first to analysis its feasibility. If so, it is necessary to locate the administrative review council. Through a comparative analysis of academia different perspectives, I believe that the newly established administrative review council is no longer an administrative review body, but an independent administrative agency with legal personality which is able to make an independent administrative review decision. The main functions of newly created Administrative Review Council include of the admissibility, investigation, trial and final rulings of the administrative review case.Based on the analysis of the previous two parts, the third part proposed some specific ideas of the establishment of a unified, independent administrative review council, such as specific construction organization, staffing, governing structure, operational mechanism and so on. The aim is to explore the establishment of the new administrative review organization which is not only in line with China's national conditions, but also with Chinese characteristics.Finally, the main problem of the existing administrative review is the unreasonable administrative organization and nondependent body. I believe that through the reform of the administrative review organizations, the establishment of a unified, independent administrative review council can improve the existing problems of the existing administrative review. I hope that this thesis can contribute to the improvement of administrative review system in China.