Administrative Reconsideration And Administrative Litigation Cases Within The Scope Of Convergence

Administrative Reconsideration and Administrative Procedure are the most important administrative redress systems. They both have advantages in protecting the rights of the administrative counterpart and controlling the executive power. They both play an irreplaceable role in solving the process of the administrative disputes respectively. Administrative Reconsideration is a kind of internal system of correcting error, which has more advantages to solve some professional disputes. Administrative Procedure is a kind of action that judicial department exercises its power of judge, which belongs to a kind of procedure that judicial department solves administrative disputes out of the administrative system, and it owns a character of judicial redress. As a kind of judicial procedure, Administrative Procedure keeps strict procedure, which can solve administrative dispute openly and fair, and can strengthen the public credibility for the finding. I agree with the independent station for the administrative reconsideration, and it is necessary for administrative reconsideration to be judicialization appropriately. But I argue against the point of view that we can put the administrative reconsideration into administrative procedure in order to make them become one system.The abstract administrative acts and the specific administrative acts are both the most important sort in our administrative law. The standard of specific administrative acts is adopted by the scope of receive certain cases in administrative reconsideration and administrative procedure. Although there is a dispute about how to confirm the specific administrative acts, this kind of sort has the basic status before modifying the Administrative Reconsideration Law and the Administrative Procedure Law. Administrative Reconsideration Law put some of the abstract administrative acts into the scope of receive cases, but the Administrative Procedure Law could not Although the Administrative Reconsideration Law and the Administrative Procedure Law both use specific administrative acts as a standard for the scope of receive cases, there still exists some dispute about the scope of accepting the specific administrative act. The scope of rights and interests which administrative procedure can protect is more than administrative reconsideration. The scope of administrative procedure is limited to the personal rights and property rights, while administrative reconsideration protects the lawful rights and interests. Because of the hindered procedure between this two kind procedures, which leads to a result that a part of the administrative disputes only enter into administrative reconsideration but can not into administrative procedure.It must follow two principles of limiting powers and protecting the rights when we join the scope of accepting cases between administrative reconsideration and administrative procedure. Limiting powers can guarantee that when we use power, we can protect citizens'rights all the while, and the aim of protecting powers is that we can solve the problem fairly and effectively when the citizens'rights are hurt. The scope of administrative reconsideration and administrative procedure should be expanded due to the expansion of the administrative power, which can carry out the surveillance of power. The administrative reconsideration and administrative procedure should both bring their own advantages rather than the weakness in the proceeding of limiting powers and protecting citizens'rights. We must ensure that the scope of accepting cases can make certain ways when citizens'rights are hurt, that is to say to protect citizens'rights completely.I will give some specific thinking about the scope of administrative reconsideration and administrative procedure, and offer the measurement of connecting the two procedures together in my paper. I think we should make some abstract administrative acts which are under the list of regulation enter into the scope of administrative procedure. It also should be expanded the scope of administrative reconsideration. The scope of administrative procedure should expand to the scope of administrative reconsideration's rights and interests. The mode that there will be no ways for administrative reconsideration in some cases should be canceled. We will make analysis whether internal administrative acts should be included into the scope of administrative reconsideration and administrative procedure.