Study On The Judicial Nature Of Administrative Reconsideration

Administrative reconsideration and administrative litigation are regarded as two kinds of institutional designs that solve administrative disputes. The both should give play to each function and advantage in solving administrative disputes, and ensuring citizen rights. They should work as two wheels to form and limit administrative power, ensure citizen rights effectively, and in the end, advance the realization of constitutionality. Administrative reconsideration has special system purpose and function, which require administrative reconsideration has a system confluence with administrative litigation. We denominate it as "transformation toward justice". And it is the judicial nature of administrative reconsideration that determines the transformation toward justice.The judicial nature of administrative reconsideration requires it possess the general characteristics of justice, such as independence, neutrality, passivity, the strict legal procedure and the rational result, etc. Administrative reconsideration has special system purpose and function, which determine administrative reconsideration system pay more attention to the balance of fairness and efficiency, cost and benefit. However, in our country, administrative reconsideration has a weak of justice and strong of administrative system designation, cause its system purpose and function is lack, and difficult to relieve the effective system of institutional designs that solve administrative disputes. The indispensable chosen is that the institutionalizing of the judicial nature of administrative reconsideration. Including comparatively independent administrative reconsideration organization and administrative reconsideration host, with obvious judicial characteristic of the process, taking fair and efficiency balance as orientation replies agenda preface andsystem. And has relative justice administrative decision on reconsideration rendering a service, especially the legal effect judged about the case fact part, about administrative behavior legal effect and legal end administrative behavior and fact end administrative legal effect of behavior that rationality assert.