Study On The Examination Way Of Administrative Review

Under the "social and economic transition" of our country, the administrative review system is increasingly indispensable:on one hand, because of its institutional value, the administrative review mechanism should become strong barrier to protect fundamental rights along with the administrative litigation system; On the other hand, in a society which dispute settlement mechanism is relatively mature, the administrative review is recognized as good work in resolving disputes, considering factors such as the efficiency and cost considerations. However, while the legitimacy of the administrative review system always suffers skepticism, the examination way which reckoned as the most important phase of the review procedure, has also been labeled as "GuanGuanXiangHu" or "formalism"; still, it reflects the necessity of reform in the system.Based on this, this article starts from solving the objectivity and justice of the administrative review procedure, selects the core phase, namely the examination way, as the threshold. Focused on the Article 22 of "administrative review law", which embodied in "written review as principle, words review as exceptions", this article discusses the legislative intentions, analyzes the establishment and the following confusion of the examination way in our country, discusses and summarizes the core device on examination way in relevant foreign legislation and practice. Thus the author argues that reform in the regulation on examination way is a major topic and a realistic path to the effective operation of the administrative review system. The author also puts forward the "words review for principles, written for exceptions" as legislation suggestions, in order to eventually realize the three functions of administrative review system, namely remedy, dispute resolution and administrative supervision, by way of corresponding institutional correction.