Research On The Legal Relief Function Of Administrative Reconsideration System In China

The existence of administrative dispute leads to poor operation of the executive power, the uncertain state of the administrative act and has seriously affected the improvement of administrative efficiency. So, to resolve administrative disputes constitute an important part of public administration. Chief administrative review system should be effective to resolve the dispute, but in practice, its function is weakened, a large number of administrative disputes flock to judicial relief and petition way, the reason lies in the functional orientation problems of the administrative review. Reconsideration of administrative review within the administrative system located in the correction system, under which institutional mechanisms for review of institutional arrangements accordingly, such a system embodied in the design of internal, non-transparent, non-independence of features leads to the administrative review social credibility of the reduced expansion of non-institutional channels. Therefore, it’s necessary to re-establish the functional orientation of the administrative review system.In practice, the administrative review reflects a variety of functions:relief function, monitoring function, resolving disputes function, guiding function, efficiency function, the maintenance of stability and order function. But its central function decides the meaning of the system. There are different academic views about the function of the orientation of the administrative review:First, in accordance with the formulation of the Administrative Review Law, paralleled positioning the function of administrative review. Second, sticking out the important functions and taking account of the other features. Third, emphasizing a single feature location. Fourth, emphasizing the links between functions and systems.From the theoretical analysis of administrative law, administrative review should be a core component of the system of administrative remedy. Controlling of the double-side executive power, the main constraints on law enforcement and the protection of civil rights all require the function of administrative review to be located in the legal remedies; the administrative review systems of modern legal countries are basically targeted at the legal relief system; current people-centered development philosophy of the changes, according to law governing change the way of social transition administrative disputes to resolve, we need the legal relief as the Administrative Reconsideration lead, to protect the legitimate rights and interests of the public, maintain social fairness and justice as a value orientation of the administrative review system. Therefore, the function of the administrative review system should be orientated in legal remedies.Functional orientation of legal remedies need to review the adaptation of existing institutional mechanisms, to implement a new functional orientation through new institutional arrangements. In the current review system, review agencies, review bodies and staff and the applicant review the internal relations, the principle of a written hearing the trial of ways to apply for aging system, receiving system, the rationality standard of review administrative acts, administrative reconsideration and administrative litigation program interface between the existence of functional constraints to achieve relief. Learn from foreign experience in the administrative review of practice, academic research study proposed review system and improve and perfect this administrative action, limited the maximum time the application for reconsideration, will review the abstract into the scope of administrative action, a reasonable review of building standards for administrative action, administrative action review Front and other measures to improve the administrative review system to facilitate the function of the realization of legal relief.