Research Of Absence Of Functions Of Administrative Reconsideration

Administrative reconsideration, which is the product of modern democracy, is the legal method of relief for the public to defend their rights and also the one for the administrative organizations to solve administrative disputes. Probably because of the improper orientation and understanding, however, the administrative reconsideration system in China has not play its full role in people's social life.Regarding administrative reconsideration as a system, the author firstly tries to reinterpret its elementary theories, scientifically define its systematic structure, purposes, nature and orientation, so as to master its functions as well as the influential elements.Then in the light of the functioning of the administrative reconsideration system in Changsha city and starting from the angle of functions, the author probes into the existing problems of administrative reconsideration by recognizing the manifestations of the absence of functions. At the same time, he makes a further inquiry into the causes of the functional absence from the aspects of external environment, administrative levels and sequences by using the theories of law, public management in addition to law economics and in line with the influential elements of administrative functions.In this paper, the author also makes a comparative economic analysis of administrative reconsideration, letters and calls of complaints, and administrative litigation. Then after studying the overseas effective methods to bring into full play the functions of administrative reconsideration and the causes of their remarkable achievements, he puts forward some Countermeasures to solve the problem of functional absence of administrative reconsideration in China according to the national conditions.