Research On The Judiciary Of Administrative Reconsideration

The judiciary of administrative reconsideration is a reform type which is originated from the theories and practices of western countries' administrative supervision system, research on which will promote the perfection of the administrative reconsideration in China. This paper firstly introduced the fundamental theory of the judiciary of administrative reconsideration. Started with the character of administrative reconsideration, respectively explained its definition and theoretical basis. Later, integrated the historical development of the administrative reconsideration in China and thoroughly analysed its limitation, majorly pointed out the deficiency about the legislative guiding ideology,the independence of institution and the procedural design, emphatically introduced the theory and practice of the judiciary of administrative reconsideration in some foreign countries and areas, for example, the administrative court system in the U. K, the administrative trial system in Korea and the petitioner system in Taiwan. Finally, separately suggested some specific initiatives about legislative guiding ideology,mode selection,institution independence,supervision neutrality,reconsideration procedure, in order to promote the reform of the judiciary of administrative reconsideration in China.