Research On Convergence Mechanism Of Administrative Reconsideration And Administrative Litigation

Administrative reconsideration, administrative litigation in resolving administrative disputes and promote social harmony plays an important role. Traditionally, the general view that the administrative review of an administrative system is an internal error correction mechanism whereby the establishment of a written hearing, a review, do not stop the implementation of a series of administrative dispute resolution mechanism. "Administrative Reconsideration Law" promulgated 10 years, the administrative review system shows the 5 major drawbacks limit the functionality of the system to play. What about the administrative review with the Authority or the positioning of relief, academics are divided. This paper argues that the administrative reconsideration of the executive from the positioning of the internal error correction mechanisms into relief the administrative dispute mechanism, a clear function of the administrative review of relief, should establish independent, neutral agency administrative review, the introduction of judicial disputes of the treatment model while ensuring fairness and efficiency of the administrative review.This article from the UK, U.S., France, South Korea four countries between administrative reconsideration and administrative litigation analysis, combining the executive power and judicial power relationship analysis, to explore the convergence of pattern should be established. Multiple administrative dispute in the present case, how to do administrative reconsideration and administrative litigation convergence of these two remedies, handle the administration to resolve administrative disputes and judicial settlement of the relations, and jointly protect the legitimate rights and interests of citizens and the legal theory of system design an important issue. In this paper, both theory and practice of the nature and relations of both the convergence model, and the pilot is now all over the Administrative Review Committee to be questioned.This paper argues that China's national conditions should be targeted on the current administrative review system reform, the establishment of the relative neutrality of the administrative review system, while establishing the final award of the administrative judge of judicial system, so that more channels of administrative disputes be resolved through administrative review, Let this system has become the main channel to resolve administrative disputes.At the same time a final decision to establish justice system so that the administrative dispute to accept the final judicial review of administrative solutions to overcome the pure potential "between government officials," the defects, to avoid the administrative dispute resolution "system within the cycle," the ultimate protection of administrative disputes judicial treatment. Shall do the administrative reconsideration and administrative litigation, the interface between the technical level, such as administrative reconsideration and administrative proceedings instituted time convergence, case range of convergence, the validity of the results of administrative review problems. Through a series of system settings, the establishment of China's administrative dispute resolution model, so that the administrative dispute can be resolved in accordance with the normal chain, avoid the administrative dispute lead to social unrest.