China's Administrative Reconsideration System And The Lack Of Perfect

Administrative reconsideration relative who is the chief executive of an important way to relief. It not only allows the legitimate rights and interests of citizens are protected, but also the executive and the communication links between citizens. In favor of the executive authorities in the administrative system for effective self-monitoring. China's "Administrative Reconsideration Law" has been implemented for decades. However, the results are not satisfactory, Administrative reconsideration of the degree of social credibility and recognition continued to decline. In many places had been "in trouble.In essence, China's system of administrative review under-exposed and defects caused by system of administrative review of the functional limitations . Functions of china's system of administrative review should be a scientific position in the "right to relief" and "internal monitoring" of the composite, both in the administrative review process of mutual interaction. Bound by the same administrative powers to achieve the relative protection of the rights and interests of the objectives of the modern rule of law.The perspective of a composite function of administrative review of China's micro-inspection system, we will find a number of defects: Non-independent review bodies, Narrow the scope of the review, Written biased trial, Non-judicial process of reconsideration, Convergence process in conflict with each other, Lack of legal responsibility, These are the results of the system of administrative review of the important reasons for trouble.China's administrative review system to improve the system should be based on extra-territorial precedent and our grass-roots reform of the concept of practice as the two frames of reference, in order to achieve "the right to relief" and "internal monitoring" of the two functions and balanced operation of the organic compound. First of all, in order to achieve social change in the concept of rational, establishing the "rights" and "limited rights" concept of the rule of law. Secondly, a reasonable position to administrative review system, clearly attribute the judicial administrative review. Finally, improving on the specific micro-system: the most abstract and internal acts of administrative actions into the scope of administrative reconsideration, Through the establishment of an independent administrative review agencies and the establishment of restrictions on qualifications to review the implementation of administrative reconsideration neutral, Further improve the administrative review procedures, Improve the evidence system, With full justification for the establishment of a system, enabled the parties to cross-examine, differentiation system, the introduction of administrative reconsideration mediation. To adapt to diverse trends in dispute resolution; Further improve the administrative review procedures, to protect the relatively positive review of people. Achieve the administrative reconsideration and administrative litigation effectively.