Study On The Quasi-judicialization Of Administrative Reconsideration Procedure

Though there are some differences in different countries & regions, system of administrative review gives prominence to right relieves over the administrative counterpart in its basic functions during contemporary practices of the rule of administrative law in various countries. Yet it has a high degree of consensus to learn & adopt lawsuits regulations of the court to different extents. For example, it adopts procedural rules of guaranteeing equal status of principals & controversy and defense. By contrast, because of influence of the anti-justice viewpoints, orientation of basic functions of system of administrative review gives prominence to internal supervision and it lays stress on hierarchy powerful administration; therefore, implementation of the system is not that great. So we shall learn experiences of administrative reconsideration of justice in foreign countries to guarantee rights of the administrative counterpart by means of restrictive functions of reconsideration procedure. On the basis of re-positioning basic functions of reconsideration system, this paper explores how reconsideration system plays its roles in whole construction and put forward its own suggestions on diversifies of reconsideration system patterns & designs of hearing system. This paper is probed in five aspects. On the basis of analysis of orientation of administrative reconsideration system on internal supervision & poor implementation results, the first chapter of Functions of Administrative Reconsideration System analyzes difficulties in internal supervision. Chapter Two of Re-understanding of Quasi-judicialization of Administrative Reconsideration System firstly analyzes mutual relations between functions of administrative reconsideration & administrative reconsideration procedure. Suppose its functions orient on right relieves, then procedure designs shall adopt judicial systems. And also the quasi-judicialization procedure guarantee rights of administrative counterpart. Secondly, it analyzes restrictions of reconsideration procedure. Chapter Three of Inspection & Evaluation on the Quasi-judicialization Reconsideration Procedure in Taiwan and Foreign Countries mainly introduces the quasi-judicialization reconsideration procedure in USA, England, South Korea and Taiwan. Chapter Four of Shortcomings of Current Reconsideration Procedure mainly points out that our consideration procedure over-stress its administrative quality, which is concretely represented in pattern singleness of reconsideration procedure, lacking of system guarantees in review procedure, fuzzy definition of legal responsibilities and inconsistent connection with procedure. Chapter Five of Assumption on Consummation of Reconsideration Procedure takes the introduction of the quasi-judicialization hearing system as its breakthrough points and put forth some detailed suggestions & thoughts on consummation of relevant system of reconsideration procedure by means of hearing system in USA for reference.