On The Study Of The Procedural Links Between Administrative Reconsideration And Administrative Litigation Proceedings

The Administrative Reconsideration and Administrative Litigation are the two most important relief system and dispute settlement mechanism of administrative law, but there are some problems on the prescript for relations between the two provisions in the current China's legislation , including the messy of procedures settings,the lack of uniform standards, accept case with Inconsistent scope , affect the functioning of relief,an improper convergence settings,Reconsideration and Litigation proceedings are not join etc.This paper,comparative analysis the prescript for The Administrative Reconsi -deration and Administrative Litigation system's convergence,summed up and learn from it's the common law and useful experiences,on the basis of this,re-build the model of China's Administrative Reconsideration and Administrative Litigation procedure' convergence, Norms of our convergence model,Phasing out Administrative Reconsideration-final,re-setting pre -administrative Reconsideration,strictly limited the direct prosecute without sessions and advocate new models of freedom to choose.