On The Connection Of Administrative Litigation And Administrative Reconsideration

The relationship between administrative litigation and the scope of administrative reconsideration is as judicial power and administrative power. Convergence of both, is the core problem not only the practice of administrative reconsideration but also the judicial review.IT also is one of the focus problems of discussion.In the judicial practice of our country, the nature of the case exactly the same,but the result between the administrative reconsideration and administrative litigation is exactly different.To achieve convergence of administrative litigation and the scope of administrative reconsideration,not only the need to have the necessary but also the unity of the legal system. It is a necessary requirement to achieve the unity of administrative remedy system. At the same time, and the protection of the rights of citizens to join WTO, Chinese practice our commitment just in the meaning.The practice of the developed countries and regions in the convergence of administrative litigation and the scope of administrative reconsideration, although each has difference, but also have the same place. Market economy in China for more than thirty or forty years, in the process of building the rule of law also should learn from the advantages of other countries and regions. How do we on the basis of the experience of countries on the construction of cohesion with China conditions is the innovation of this paper, is also the focus of this article.In order to realize the two aspects of the legal system and judicial practice, we should be based on the "judicial review", "the principle of exhaustion of administrative remedies. On the one hand, improve the system of administrative reconsideration of neutrality, objectivity and impartiality, and the implementation of the "reconsideration", in a unified legal system, realize the system and integrity; on the other hand, for the scope of accepting cases of coherence. It is necessary to expand the scope of accepting cases of administrative litigation.