Analysis And Suggestions On Administrative Reconsideration In China

Chinese Institution of Administrative Reconsideration was founded in 1990 at first, then amended in 1994. Along with the implementation of Administrative Reconsideration Law of the People's Republic of China in 1999 and regulation on the implementation of the administrative reconsideration law of the People's Republic of China in 2007, a more complete system of administrative reconsideration was established. In recent years, Chinese Institution of administrative reconsideration plays legal relief and monitoring role, however, it can't meet the needs of people. And the problems exposured has seriously affected the functioning system of administrative reconsideration, even affected the credibility of the law and the government, the reform of administrative reconsideration is urgently needed.This paper is divided into three parts, the first part has several facets, such as concepts, subjective, receiving area, procedural, administrative proceedings and monitoring system of administrative reconsideration. The second part analyze the status of administrative reconsideration in Britain, the United States, Germany, Japan, Korea and other foreign countries. The third part gives the proposals to improve the system of administrative reconsideration. Corresponding to the problems in first part, this part based on quasi-judicial and administrative legal relief system improves the system of administrative reconsideration. This paper consists of 28,000 words approximately.