The Research Of Administrative Reconsideration And Administrative Lawsuit's Connection

Administrative reconsideration and administrative lawsuit are the major components of our country's administrative reliving system, and they combine with each other, have important function in maintaining the legal rights of citizens, legal persons and other organizations, supervising and protecting the administrative enforcing ability and standard of administrative organs, advancing the constitutionality construction of our country. However, because of the deficiency of the connection between administrative reconsideration and administrative lawsuit's procedures, the disjunction of them appears, and the function of administrative relief is not displayed fully. This is mainly elaborates the relationship and connection of administrative reconsideration and administrative lawsuit from the point of view of administrative lawsuit. The first part introduces the characteristic of administrative reconsideration from the current situation of other countries and districts to our country's concept and characteristic, emphasizes the administrative nature of administrative reconsideration and the judicial nature of procedure, illustrates the it is an important component of our country's administrative reconsideration. The second part presents the relationship of administrative reconsideration and administrative lawsuit, respectively elaborates the independence of administrative reconsideration, the necessity of its existence, its relationship and difference of administrative lawsuit, trying to illustrate the important relationship of them. The third part tells the connecting mode of administrative reconsideration and administrative lawsuit in other countries(districts), analyzing the revelation of these relative mature modes to our country. The fourth part introduces in detail the connecting mode and its deficiency of our country's administrative reconsideration and administrative lawsuit, elaborates the disjunction of our country's current administrative reconsideration and administrative lawsuit. With the above analysis, the firth part proposes to perfect the connection of our country's administrative reconsideration and administration lawsuit, trying to realize the benign interaction.