The Judicature Of The Administrative Re-examination

Administrative re‐examination emphasizes on the quality in the legislation,lays stress on self error correction in function and stresses"line‐line"authorityin organization. All those make the agency of administrative reexaminationlack of independence. Judicature of the administrative reexamination not onlyconfirms the function of it, but also brings in judicial rules to ensure the agencyto make the decision of administrative reexamination neutrally, and finallyprotect the right of the relative person.However, the administrative reexamination is not making the effectiveinner supervise in the past several years. Today, the dispute of administration ismore and more fierce; the suitcases of administrative reexamination are lessthan the cases of law suit. Administrative reexamination is useless.This article is fixing the position of the function of administrativereexamination. The Considering of inner supervise is not confortable originally.Because of the agencies and the public servants are lack of independence, sothe fair judgments cannot be guaranteed, which makes the administrativereexamination inefficiently.This article make sense that administrative reexamination should base on"help of right"as its chief function. Helping for people's right cannot departfrom the Judicature of the administrative reexamination. The Judicature of theadministrative reexamination means that we promise the function of theadministrative re‐examination, then bring in several judicial system to makedecision independently, in order to guarante the right of relative people. TheJudicature of the administrative reexamination requires that the authorityagency should have the basic independence position; the public servantsshould have professional quality. Analyzing from the control of power theory,one of the purposes of administrative law is to control the abuse of power andavoid the encroaching to the relative people. Administrative reexamination as akind of national power should be controlled and supervised. The Judicature ofthe administrative reexamination is by bring in some judicial system, just likejudicial eventually principle, the power restriction principle and defense system etc. in order to constraint the power of administrative reexamination.Analyzing from the procedural justice, administrative reexamination, in the trial,no doubt with the identifying of right or wrong. As the superior leadershipauthority, it's inevitable to protect the lower agency. Under the administrativesystem of leadership responsibility, lower agency's decision is always confirmedby the higher agency."Anyone cannot judge in his own case". This principle isalways be transgressed in our country. How to guarantee the judgment fair isthe key of guarantee relative people's right. In the progress of justice, neutralposition of administrative reconsideration office system is a valuableexperience to our administrative reexamination.There are many un‐judicature elements in the system of theadministrative reexamination, which block the agency of administrativereexamination make decision neutrally and independently. Now, some displaysis typical examples: Inner supervise should be emphasized in the function ofadministrative reexamination; in written form is the chief pattern ofinvestigation; maintaining the original judgment in the supervise of authority isout of judicial investigation; linking up with the lawsuit of authority, there's norange in the administrative reexamination final, which is violating the principleof judicature. All above are the blocks of searching help from authority.According to the above analysis, the development of the judicature ofadministrative reexamination should be accelerated. The independence ofagency, the consummation of decision, the parity of authority andresponsibility can be used to enlarge the range of administrative examinationby court, clear the finality of judicature etc. consummate the administrativereexamination of our country, make sure the right of relative people expresseffectively.