The Research On The System Of Administrative Recourse

The system of administrative recourse is a key issue in Adminstrative Law, which directly influences the integrity of the State Compensation Law. The right of administrative recourse has been affirmed by Chinese current legislation. However, it is hard to exercise due to its simplicity and generality. What's more, the study on the theory of this field is relatively weak. Essentially, the system of the recourse right law is the concrete systematization of the legislation purpose-"Stimulate state organs to exercise the functions and powers in accordance with the law" in the State Compensation Law. Therefore, the significance of the improvement of the right of administrative recourse is self-evident. This paper begins with discussion on several issues related to the system of administrative recourse; and then provides theoretical support for the existence, operation and development of the admistrative recourse system. Finally, it puts forward some suggestions on the establishment of the admistrative recourse system on the basis of the analysis of the imperfection of the current admistrative recourse system in China.