The Completion Of The Hearing Type Examination Way Of Administrative Reconsideration Of Our Country

As one kind of the mechanism of administrative dispute settlement in our country,the system of administrative reconsideration has played an important role in solving the administrative dispute,safeguarding the relationship between government and public,ensuring citizen's legitimate rights.The administrative reconsideration includes four links of acceptance, examination, determination and fulfillment in which examination is undoubtedly the most important one since the examing result can directly or indirectly influence other three ones.The examing way of the administrative reconsideration is a key segment in the reconsidering system.A good examing way directly determines reconsidering results being fair or not and gives full play to and better realizes the value and function of administrative reconsidering system.Examing way in administrative reconsideration refers to the method that administrative reconsideration organs examine specific administrative acting facts, evidences and legislative authorities of the Respondent in administrative reconsideration cases,and make the decision on this foundation.The Administrative Reconsideration Implementing Regulations of the People's Republic of China promulgating in 2007 reforms and innovatives the examining way in administrative reconsideration,as well as adds examining ways in hearing type,which is undoubtedly a great improvement enriching the methods for administrative reconsidering cases under governments at all levels.But the defect is that it has only made a principled rule with limited operability.Therfore,in order to provide more legislative authorities for reconsidering organs at all levels to better settle administrative disputes to ensure legitimate rights of the masses,regulations about administrative reconsidering examining way in hearing type should be more concrete to strengthen operability.Through studing and summarizing documents,comparing laws and regulations,this thesis analyzes deficiencies in relevant rules about administrative reconsidering hearing examining way of our country's current implementing regulations and presents my own opinions on how to further improve hearing examining type of reconsideration on the basis of original rules in implementing regulations.