On The Judiciary-Oriented Of Administrative Reconsideration

The administrative reconsideration is an institution of law in our country that solves the administrative disputes specially by the administrative organ. In our country, the administrative reconsideration is limited for self-correction of supervising mechanism in the administrative organ by the legislator. Therefore, the legislator have emphatically emphasized the characteristic of interior supervision in order to avoid judiciary-oriented of administrative reconsideration when drafts the "Administrative Reconsideration Law". That is, the administrative reconsideration in our country presents the obvious characteristic of non-judiciary-oriented or administration. To a certain extent, the non-judiciary-oriented of administrative reconsideration had guaranteed the administrative efficiency and conformed to the basal value orientation of administrative work. However, the administrative organs have neglected the indispensable and essential attribute-fairness when pursuing non-judiciary-oriented, thus caused to the constitutive flaw in the system and all sorts of malpractices in practice. Obviously, if the administrative organs want to walk away from the predicament which the system faces, the judiciary-oriented is the integrant choice. This article divides into four parts. The author have introduced the theoretical principle of judiciary-oriented of administrative reconsideration-procedural justice. The author have introduced the judiciary-oriented of administrative reconsideration on the personnel and proposed the possible way of the judiciary-oriented of administrative reconsideration on the personnel in the second part. The author have introduced the judiciary-oriented of administrative reconsideration on the procedure and proposed the specific practice of the judiciary-oriented of administrative reconsideration on the procedure in the third part. Through the fourth part, the author have proposed the pattern of judiciary-oriented in our country on the base of contrast in the system of administrative reconsideration in the two mainstream law systems and the analysis of the current situation of the system of administrative reconsideration. Finally, the author have considered to pay attention to the coordination of the administrative proceedings when carrying on the reform on the judiciary-oriented of administrative reconsideration in our country. As the different relief system, the administrative reconsideration is not completely substitute for the administrative proceedings, both of them must turn their respective advantages.