On The Reform And Perfection Of The Administrative Review System

Administrative Reconsideration (Administrative Review), which is an important way toresolve administrative questions, plays an important role in most countries'legal system.Because of the differences of historical background, the political system, the economicalsystem and the legal culture, every country has its own Administrative Reconsiderationsystem. The thesis makes a comparison among some important western countries. Startingwith the analyzing of the Administrative Reconsideration in UK, US, France, Germany, Japanand Taiwan, the author points out the defects of the Administrative Reconsideration system inour country and try to put forward some proposals. The thesis is composed of four parts:Part I In this part, the author mainly describes the doctrinal basis and character of theAdministrative Reconsideration system. As the way to resolve Administrative questions andto enhance the surveillance on administrative power, the doctrinal basis of AdministrativeReconsideration system is the danger of expansion and abused use of administrative power.And it's necessary to bring in legal process to carry out efficient surveillance onadministrative power so as to guarantee the rights of the counterpart. The essence of theAdministrative Reconsideration system is its administrative, legal, supervising andalmsgiving character.Part II In this part, by analyzing the history of Administrative Reconsideration systemin China, the author points out the defects of the Administrative Reconsideration System inour own country.Part III In this part, the author mainly focus on the legal provision of theAdministrative Reconsideration in other countries including: the scope, the agency, the applier,the procedure and the relief of the Administrative Reconsideration system in order to have athrough understanding of the Administrative Reconsideration system in foreign countries andmake a comparison in different ways.Part IV In this part, basing on the analyzing above, the author give her own proposalsto resolve these questions.The concluding words are the author's wish on the Administrative Reconsiderationsystem of China.