The Procedural Connection Of Administrative Reconsideration And Administrative Litigation In Our Country

The administration reconsideration and the administrative litigation are two kinds of relief legal regime, they played the very important role in the daily life. The administration reconsideration in the most front relief, it is the first protection barrier which received the administrative relative person rights and interests when the violation legislates to entrust with. Administrative litigation as national jurisdiction manifestation, is protects the administrative relative person rights and interests in the last guard rail. Both in restore with in the atonement administration relative person legitimate rights and interests'goal the mutual connection, complement one another.The administration reconsideration and the administrative litigation have the extremely close logical relation in the procedure engagement Therefore, When constructs both procedure the engagement pattern, Must the full consideration administration reconsider the superiority which exists with administrative proceedings each one, Realization maximum limit to administrative relative person legitimate rights and interests protection. But, Looks over our country present administration reconsideration and the administrative litigation, In the procedure engagement presents the stipulation complexly complex, The establishment standard is inaccurate, The administration reconsideration and the administrative litigation lacks the independence, The administration reconsiders with the administrative proceedings lacks the independence, Causes our country the administration reconsideration and the administrative litigation appears in the procedure engagement comes apart, Not only does not have to display both fully in the goal and system's relief function, Instead deepened both in the procedure contradiction. This paper from the content analysis between the two entry points, the first section describes the administrative reconsideration and administrative litigation's different meanings, summarized by comparing the links between the two, and the difference between the two stressed the important role in practice. The second section describes the administration reconsideration and the administrative litigation based on the four types of convergence, and shortcomings of each model as an elaboration. The third section describes the administrative review of foreign proceedings and administrative experience in bridging the different, comparisons from being, analysis obtained in the administrative review of the current administrative proceedings with the shortcomings of convergence. The fourth part describes the administrative reconsideration and administrative litigation procedures in the cohesion should follow some impotent principles.Summing up the above described, Part V proposed the scheme of the administrative reconsideration and administrative litigation's program articulation.Consummates the administration reconsideration and the administrative litigation in order to positive interaction between the two, the full protection of the legitimate rights and interests of the relative.