The View Of Ethics To The Admindistrative Re-Trying System

The administrative re-trying system takes an essential part in the administrative procedural law, corrects the mistake regarding the People's court, defends litigant's lawful right, realizes justly finally has the great significance. The administrative re-trying system is one system that carries on to rectify again the mistake which appears in the first and second trial of the administrative proceedings, and gives benefit to injured suffers. The administrative re-trying system itself at the same time has the correction mistake and the relief, but looked from the practice, administrative re-trying has not played its proper role. This article from ethics angle of view, has discussed the administrative re-trying root, because the administrative re-trying system subordinates in the administration judicial system, therefore it has the administration judicial system's characteristic, pursues of referee's justness, neutrality, result of the judicial system, is also the administrative re-trying value pursue.Pursuing entity justice was the most high payoff target of the administrative re-trying system; this article mainly elaborated the administrative re-trying system's existence ethics value, as well as administrative re-trying construction consummation. First introduced judicial system's meaning, because the administrative re-trying system also belongs to the judicial system, therefore judicial system's meaning and value pursue and administrative re-trying system's meaning and value pursue basic similar, union the characteristic of administration re-trying itself, has distinguished it with the appeal, the trial surveillance and so on dependent program , in summarizes and in the civil re-trying system general character characteristic foundation, elaborated administrative re-trying has distinctive quality.On the analysis to our country present re-trying system's present situation, for example: the guiding principle is rigid, the start main body is confused, the matter of re-tries is not to be explicit, re-trying time and number of times is infinite and so on, together with the real diagnosis materials, proposed a conception about completing re-trying system. In the administrative procedural law's implementation process, following society's development and the new situation which emerges one after another incessantly, also the research on the administrative procedural law has to deepen day after day. In the construction of harmonious society, and government by law society's today, we must take a serious attention to it to solve the tremendous role which in the officials and people on contradiction displays, thus causes administrative re-trying system this last defense line to take the proper effect.