Research On Reinspection And Reexamining System For Administrative Appeal

The definition and background have been analyzed firstly within this essay. Administrative Appeal playing the role as an Administrative Behavior to right-relief, to some extent, it becomes the bottom relief except for Administrative reconsidering and Lawsuit. However, as the advancement of the legalization of government, under the effect from traditional"Honest Official"Consciousness, Present vacancy of Law System, and Improperness'existence within Public Management and Decision -Making, added with the Government Fault and Inappropriate placement of Responsibility Investigation System, the"Level 1 Result Management", as an Administrative measure, used currently by former Administrative Inquiry, which not only hasn't melted the contradiction within the Basic Unit, but also forming the present complaining through repetitive and direct appealing by ignoring the rank difference. Moreover, lack of effective inspection towards basic units of the government has caused the disadvantages for functional department to administrate according to the law. Thus the conclusion is drawn, there is deeply social background and legal reasons lie in the establishment of Reinvestigating and Reexamining System for Administrative Appealing.The promulgation of"Administrative Appeal Rules"in 2005, could be taken as the gradual achievement of Appeal Reform. It transferred formerly Level 1 Result Management Method into Level 3 Reinspection and Reexamining mechanism, which manifests the transformable instructed by governance spirit and legal ideas, and realize the transformation of appealing from politicalization to legalization and democratization. The establishment of Reinspection and Reexamining system is precisely the essence of appealing reform, which demonstrated the value of citizen participant and worth of Right-surveillance.Methods of Comparative Analysis and Cases Study have been used within this essay to carry out the theoretical analysis towards Reinspection and Reexamining system out of different points of view including Law, Politics, Administration, Management and Psychology, etc. It elaborates the contents of Accepting Rules, Procedures and Three Suggesting Power of the system, introduces the disclosure of appealing and hearing mechanism as its relative mating, study on the value to termination target. Meanwhile, comparison has been made between Administrative Appeal items and overseas administrative appeal commissioner, together with domestic administrative reconsideration and litigation. Through which some reference and inspiration could be obtained from similar procedures and methods.According to the essay, it's considered that Reinvestigating and Reexamining System can not only be taken as termination mechanism, it should focus more on emphasizing validity facts and the solemnity of vindicating citizen rights; but also attach importance to rational factors, using the methods of appeal hearing and disclosure to absorb lawyers, specialist and mass self-governed organizations into the solving procedures of appealing, playing as the function of social organization to balance the relationship between government and citizen, and gradually forming the Administrative appealing pattern of interactive cooperation between government and citizen, society, added with mutual supplement between public resources and social resources, mutual support of public and private domain as well.