The Study On Administrative Reconsideration During The Nanjing Republic Of China

As a econometric, convince and shortcut administrative remedy, administrative reconsideration has a lot of functions , including protecting people's rights, supervising the executive power. The administrative reconsideration first appeared in the rein of Republic of China, which is a valuable inherence in theory research and in practice. It was put into practice during the rein of the Bei Yang Republic of China and identified the basic pattens during the Nanjing Republic of China, experiencing many hardships in the process of integrating with the local culture. However, because the Bei Yang Republic of China did not last for long and there were many unreasonable factors in it, it was only a start of China's administrative reconsideration law system. After the collapse of the Bei Yang Republic of China, the Nanjing Republic of China founded in 1928 and it enacted a series of laws concerning administrative reconsideration law system in 1930. Administrative reconsideration law of 1930 marks the formal establishment of system during the rein of the Nanjing Republic of China. The essay focuses on Administrative reconsideration law of the Nanjing Republic of China following the Bei Yang Republic of China. The characteristics of administrative reconsideration law determine the basic development of the current administrative reconsideration law in Taiwan. It is expected that the research on it can provide some references for the current Administrative reconsideration law in mainland China. The whole essay is elaborated in five parts except the forewords:First, the basis of Administrative reconsideration during the rein of Nanjing Republic of China. It includes four parts: the development of the administrative reconsideration, the characters, the functions and the legal origin.Second, the background of administrative reconsideration during the rein of Nanjing Republic of China. It includes two parts: 1. The evolution of the administrative reconsideration from the Bei Yang Republic of China to the Nanjing Republic of China. 2.The relevancy between the administrative reconsideration and the administrative litigation.Third, the details on the basic content of the administrative reconsideration system: agency and administrative reconsideration; the application of the related concepts of Administrative Law on administrative reconsideration system; specific forms of organization of administrative committee; administrative proceedings party system; administrative litigation procedure; the tapes of verdict. These are not a simple piling of materials but an elaboration based on the specific articles of the relevant laws and regulations, the opinions of the scholars of the administration law and my own understandings.Fourth, the legal analysis of some typical. The essay tries to depict the implementation of Administrative reconsideration law in real life by the analysis of cases. In this part, writer make an introduction of the Nanjing government administrative reconsideration from the statistics of the Administrative Court and four specific cases. Drawing my own conclusions through a statistical study on the jurisprudence of "compilation of the administrative court judgment" compiled by the Administrative Court.The last, the characteristics of Administrative reconsideration law of the Nanjing Republic of China and the analysis of the references they provide for China's current Administrative reconsideration law. The conclusions are as follows: 1. The administrative reconsideration law is gradually recognized by the public. 2.The references of administrative case system. 3.The reference of resort to the court. 4.The reference of the administrative committee. 5.The reference of hearing process.