Study On The Quasi-judicialization Of The Administrative Reconsideration

The quasi-judicialization of the administrative reconsideration means that the administrative reconsideration system draws lessons from and absorb the mechanism of solving controversy equitably which make use of in the judicial process, at the time of keeping the oneself with the efficiency and profession that the administration power solves the controversy, in order to carry out the administrative reconsideration system solving the administration controversy equitably and efficiently.The current administrative reconsideration system is mainly built up according to Administrative Reconsideration Law of the People's Republic of China by 1999,the purpose of Administrative Reconsideration Law is of preventing and correcting any illegal or improper specific administrative acts, protecting the lawful rights and interests of citizens, legal persons and other organizations, safeguarding and supervising the exercise of functions and powers by administrative organs in accordance with law. From the lawmaking purpose, the administrative consideration system is a reasonable system that has administrative remedy function and administrative supervision function, but because the lawgiver designs a mechanism of rectifying the false inside the administration organization as the mechanism of the current administrative consideration system, which can't effectively can't attain the system targets. Although the system existences, private party in the administrative process does not want to choose the current administrative consideration.To compare with Administrative Reconsideration Regulation, the targets of Administrative Reconsideration Law are right, but why the current administrative consideration system can't attain its system targets? The existing research results mainly make use of the Theory of Procedural Justice to certificate the problem. Because the current administrative consideration system adopted the anti- judicatory principle and a mechanism of rectifying the false inside the administration organization, the judges lose the neutral and procedures lose the justice. How to reform it, scholar and the administrative officials starts out the formula which is judicialization of the administrative reconsideration.Why the current administrative consideration system adopting a mechanism of rectifying false inside the administration organization lost the justice and efficiencies? The quasi-judicialization of the administrative reconsideration means that the administrative reconsideration system draws lessons from the mechanism that is adopted in the judiciary. Why the judicial mechanism could solve the controversy equitably and efficiently? Why the administrative consideration must adopt the...