Research The Scope Of Administrative Reconsideration

Administrative reconsideration is legal system that an administrative organ resolves administrative dispute by legal procedures, and is one kind of important administration legal system that is builded by the modern country commonly. Speak essentially , administrative reconsideration system is one kind of supervisory mechanism that corrects itself in the interior of administrative organ. Since 1999, Our country《administrative reconsideration law》is drafted, it always has had lot of dispute . The scope of administrative reconsideration is the fous that is concerned by scholars. How to reconstructure the scope of administrative reconsideration, make it accord with modern legalistic administration request, it is the important problem that is discussed in the thesis .The thesis is divided into four parts:First, the foreword start with our country scope of administrative reconsideration system defect at present, point out that regulation of the scope of administrative reconsideration is backward to the development of law and society, these has made the bedding for the argument of thesis . Immediately, the current research situation of the problem in educational circleshas been analysed by the thesis, it refine out the science significance on the basis.The first part of thesis emphasizes the theoretical analysis of the scope of administrative reconsiderationin. By definition of the scope of administrative reconsiderationin, when it was ascertained, it put forward four basic principles: Protect lawful rights and interests of the administrative counterpart sufficiently; Consult the administrative lawsuit scope; step by step,step-by-step expansion and unify stability and flexibility each other. Soon, from the angle of legislation system, by the comparison to every country legislation pattern, thesis sums up that our country carries out commixture regulation for the scope of administrative reconsideration in legislation . Afterwards, the thesis has discriminated the scope of administrative reconsideration and the relevant conception, and explored theLegal principle basis, for example: legalistic administration theory,justice and administrative justice theory,human rights theory .The second part of thesis has talked over the perfect necessity of our country scope of administrative reconsideration from from the double angles of reason and real. From two subjects of administrative reconsideration, for the administrative subject , the perfect necessity of our country scope of administrative reconsideration is the require to control administrative power, for the administrative counterpart, it is the require to protect lawful rights and interests of the administrative counterpart . Expound the perfect necessity of our country scope of administrative reconsideration from from the three angles: "manage state affairs according to law, build a socialist country ruled by law",Join World Trade Organization is a challenge to the scope of administrative reconsideration,The administrative lawsuit scope put forward the require to the scope of administrative reconsideration.The third part of thesis is a demonstration analysis, it analyses insufficiency of the scope of administrative reconsideration from its development course. After promulgating development course of the scope of administrative reconsideration, sum up its insufficiency: first, the scope of administrative reconsideration is excessively narrow, On the one hand, a lot of administrative behavior, which ought to be listed in administrative reconsideration range, for example administrative fact behavior,internal administrative behavior, is not listed in administrative reconsideration scope. On the other hand, administrative behavior, which has been listed in administrative reconsideration scope, for instance, abstract administrative behavior, is short of independent character in reconsideration investigation. Second, administrative reconsideration scope and the administrative lawsuit scope are out of touch, and analyses its cause and manifestation concretely.The fourth part of thesis is the conclusion. It put forward the perfect countmeasures from the first three parts. The author put forward himself shallow proposition, for instance, Carry on the innovation to the administrative action theory,Frame new pattern about administrative reconsideration of abstract administrative action,Perfect the relation between the administrative reconsideration scope and the adminstrative lawsuit scope,Establish the perfect administrative reconsideration arganization system,Revise the related stipulation of administrative reconsideration law in time.