The Administration Reconsiders With The Administrative Proceedings Engagement Question Research

Administrative reconsideration and administrative litigation system is the relief of two means, they are the same goals, work together to protect the rights and interests of the parties to oversee the executive administration according to law. The system of administrative reconsideration has its own significance to facilitate the timely settlement of disputes, disputes from the two sides v. tired in the modern society of the rule of law in countries generally follow the "final solution to the principle of justice", the proceedings become a means of a final settlement of the dispute, the way to resolve any disputes can not be replaced.States with experience in administrative law, administrative law, as the two most important areas of dispute settlement mechanisms and relief right path, through administrative review and administrative litigation, the combination can give full play to their own value system, leading to the maintenance of the basic rights of citizens. Therefore administrative reconsideration and administrative litigation convergence problems will be increasingly important. To achieve the perfect convergence must deal with various obstacles, as well as factors related to system construction, and reform the existing system.In this paper, the structure is divided into four parts:The first part mainly from the administrative reconsideration and administrative proceedings start with the relationship between the executive and administrative litigation review the relationship between the accurate positioning of the administrative review and administrative litigation in resolving disputes between the respective merits and demerits, rationalize the administrative review and administrative litigation, as well as the relationship between the development of trends.The second part focuses on the present stage of China's Administrative Reconsideration and Administrative Litigation convergence of the state of legislation, as well as administrative reconsideration and administrative litigation convergence legislative provisions exist in practice, is that whatever legislation or practice the practice of China's administrative reconsideration and administrative litigation convergence do not adapt to the reality of China's building of a harmonious society and building a country needs rule of law, there are many issues requiring urgent solution.The third part from the common law and civil law countries on the State administrative reconsideration and administrative litigation practice convergence specific start of their respective characteristics, as well as giving our inspiration.Part IV is the main stage of China's administrative reconsideration of administrative proceedings and the actual situation of convergence, made six perfect specific ideas and specific: to expand the scope of the proceedings by the established "final solution to the principle of justice," abolishing the final ruling, the establishment of the Administrative Court in line with China's national conditions, expanding the lead when reconsideration of administrative reconsideration period, the expansion of the principle of the review of administrative proceedings, clearly listed the types of reconsideration front.In this paper, the innovation lies in the level of development from the start with the reality, of Two Schools of advanced practice to improve our administrative reconsideration and administrative litigation convergence of specific ideas.In the research methods, this paper to dialectical materialism and historical materialism as a guide, a standardized analysis and empirical analysis method, summarized analysis and interpretation as well as comparative analysis of both historical analysis and combination of research methods. The limited level of the author, this paper there are many deficiencies, please criticism correction.