Judiciary-oriented Study Of China's Administrative Reconsideration Procedure

Judiciary–oriented of administrative reconsideration has absorbed and learned from some principles and practices of judicial process under the premise of the profession and efficiency of the administrative judicial system. On the one hand, it still keeps the advantages of administrative reconsideration---low cost, flexibility and high efficiency; on the other hand, as a dispute resolution mechanism, based on the existing system, administrative reconsideration adds more judicial factors to play double roles of efficiency and fairness. There are two good points of judiciary–oriented of administrative reconsideration. One is to solve administrative disputes more fairly and efficiently, play its dispute settlement functions and achieve its legislative purposes; the other is to rationalize the relation of administrative reconsideration and administrative litigation, build a harmonious dispute resolution mechanism and deal with the attack and pressure caused by the interest conflict in the period of social transition.With the increase of the various interest conflicts and the expansion of executive power, it is urgent to realize the judiciary–oriented of administrative reconsideration. The judicial characteristics of the administrative reconsideration and the function development of dispute resolution provide the possibility of its realization. The balance between fairness and efficiency, the principles of procedural justice provide a strong theoretical basis.Compared with the successful examples outside, China's current administrative reconsideration system has some shortcomings such as backward mind, lacking independence and judicial processes to ensure fairness. Summing up the experiences of advanced judiciary of administrative reconsideration, our system needs to change conservational thoughts, establish an independent committee to enhance the independence of administrative reconsideration, introduce a series of necessary judicial procedures such as a hearing system, assignment system and evidence rules to better play the dispute settlement roles of administrative reconsideration. Only in this way ,We can better play to the administrative review of the dispute settlement functions, rationalize the relation of administrative reconsideration and administrative litigation and play its legislative purposes to build a harmonious dispute settlement mechanism.