Inquiring About Shortcomings And Improvings Of Administrative Review System

The Administrative Review Law that was promulgated in 1999, indicated that China's administrative review system began to segregate from administrative litigation system. And the "Regulations for the Implementation of the Law on Administrative Review" constituted by the State Council in 2007 brought a big progress to the administrative review system. The administrative review system has become an important legal basis when governments deal with disputes, social conflicts or strengthen their supervision power. However, according to the rapid development of economy and society in China, the current administrative review system has shown some problems and deficiencies both in theory and practice that need to be solved quickly. These problems and deficiencies weakened not only the functions of the Administrative Review System but also the promotion of democracy and WTO adapting in China. Therefore, I think that it is better to improve The Administrative Review System from three aspects: the system; the censoring scope and the censorship.This paper is included three parts:The first part explores and analyzes specific features of administrative reconsideration right from a procedural point of view. The Existing legislation is apparently taking a position as executive, and the administrative reconsideration within the administrative system is equivalent to the self-correcting system. And these recognition errors caused a series of problems for the Administrative Review Law from the beginning, such as administrative reconsideration institutions to lose their proper relative independence, too simplified procedures for administrative reconsideration, administrative reconsideration review and unjust manner. Thus, system designers were initially trying to promote the standardized system of the work of administrative reconsideration development motivation, but it did not work well in practice, the function of the system of administrative reconsideration is far from the ideal state of play. Thus, based on the various points of view of sophisticated nature of administrative reconsideration in homeland and abroad, considered the real conditions of citizens and legal persons and other organizations'legitimate rights, this paper put the administrative reconsideration in a position as resolving the dispute in a form of the quasi-judicial justice.The second part employs both empirical research and theoretical studies to analyze the deficiencies of China's existing administrative review system. First, the "compartmentalization" of the main, "vertical jurisdiction" and "original jurisdiction organs," as the added jurisdiction in institutional unity, independence and impartiality of the larger presence on the lack of administrative reconsideration institutions are not unified, independent status; Provincial-level review of the original, in direct contravention of justice ; Based on the affiliation provisions reconsideration cases governed by the higher administrative organs, and administrative reconsideration of the nature of the conflict; vertical jurisdiction on the administrative reconsideration of the decision of justice; below the provincial jurisdiction reconsideration vertical management system is not unified. Second, reconsideration of the executive interference in the independence of handling cases, quality of the staff review the causes of the lack of impartiality of the review system has serious impact on the system to operate effectively and in-depth development. Third, administrative reconsideration itself from the inherent nature and the effect of, the administrative reconsideration of the case or too narrow: abstract limited review of administrative acts, be disciplined by the civil service review, the public interest is not included reconsideration of the damage. Forth, Organs of administrative reconsideration by the applicant specific administrative review on the basis of procedural requirements not standardized, written procedures do not meet proper trial, the evidence too simple, does not stop reconsideration in the implementation of the principle of the existence of loopholes, automatic admissibility procedures to be overly idealistic. Fifth, reconsideration and litigation in the existence of convergence of reconsideration of the decision to the executive function for the accused to weaken reconsideration, the parties appeal restrict reconsideration of the final two prominent problems.The third part gives some countermeasures to improve the system of administrative reconsideration on the basis of analysis the existing system defects. First, to change the administrative reconsideration is not an independent work, to improve administrative reconsideration of China's system, the establishment of an independent administrative review committee. Existing owned by the executive functions of administrative reconsideration separated, unified administrative reconsideration by the Commission to exercise. Administrative Review Committee in the country - the State Council, provincial, municipal and county, in their own name to the independent exercise of the right of administrative reconsideration, it is independence. Second, the Administrative Review Law reconsideration from the ever-widening scope of the development trends and current economic and social development needs, and regulations (including regulations) Following review of regulatory documents, the civil service by the action, the public interest in reconsideration of the damage. Third, administrative reconsideration is based on the form of the real nature of the Secretary for positioning, borrow and absorb the judicial process, improve review procedures: first, to establish a written hearing and the other a review hearing both ways, the establishment of administrative reconsideration hearings and the system is fully justified, flexible application of administrative reconsideration hearing; second, increase administrative reconsideration of evidence, sound system automatically inadmissible; third, during which provides reconsideration to the principle of non-stop implementation of the exception. Fourth, better convergence for administrative reconsideration and administrative proceedings two relief right way, the administrative authorities to maintain reconsideration of administrative reconsideration decision, the defendants are identified as administrative reconsideration organs, the abolition of the current review of the final model.