From The Angle Of System Of Our Country's Present Administrative Reconsideration In Economics Of Law

Economics of law can also be called law science of economic analysis, it is a new developing disciplines that studies the legal problem and is bound with law science and economics with concept and method of economics, it can be said that it is also a new developing theoretical system and schools of thought too because law science and economics permeate and merge each other, and has attribute of law science. Economics of law is the same as any kind of law science school and theoretical system, have gone through a progressive evolution without exception too from sprouting to rising, developing until moving towards being hot.The method of the cost-benefit analysis is an important proposition in economics of law, and it is an important tool of legal economic analysis too. The cost of law is the cost that is paid in the whole dynamic course of legal operation. Law benefit means promoting and realizing the best disposition of social resources through assigning affirmation and relieving of the right, obligation, responsibility of the law, meet greatest need and interests of the legal subject, and impel the total of legal idea and legal principle of richer efficiency of social public life. The method is the great breakthrough on theory field and methodology in the study of law science, have already been applied to the analysis of government's behavior, legal system, contentious procedure extensively, it undoubtedly has a great meaning for legal construction and law science study to the countries all over the world including our country.Though our country has already made and implemented " the administrative reconsideration law ", has improved the relieve system to a great extent in the administrative reconsideration. However, the system of administrative reconsideration is imperfect and the function is difficult to give full play in practice; The organization of administrative reconsideration lacks unity and independence; The problem exists in administering in the administrative reconsideration; The range of administrative reconsideration is comparatively narrow and so on. There are many unreasonable places in setting right and responsibility, etc, and it is very uneconomical to implement.As to a lot of uneconomical problem in the relieve system of our country's present administrative reconsideration, I have carried on cost-benefit analysis to this system, from controlling administrative power, protecting the relative people's rights and interests and solving administrative dispute three respects, and think that the relieve system of our country's present administrative reconsideration is very uneconomical, the benefit is faint. After analyzing the benefit of the relieve system of the administrative reconsideration, this text has carried on detailed analysis and discussion on the implementation cost and social cost of this system. Through the comparative analysis of benefit and cost finally, I draw a conclusion: the relieve system's cost is far greater than profits and deserve to be abolished in administrative reconsideration. And put forward two kinds of legislative ideas in the article finally, namely, include the relieve system of the administrative reconsideration in administrative litigation or the relieve system by letters and visits from the masses two kinds of ideas.