A Study On The Establishment Of Administrative Reconsideration In China

In China, the administrative reconsideration,as an import method to remedy administrative relatives, is playing an irreplaceable role in protecting the rights and interests of administrative relatives. It is undeniable that the current setting of administrative reconsideration agency has seriously affected the effective operation of the relief system of administrative disputes. In order to solve this problem, the legal authority of the State Council specifically issued a document to carry on experimental work of administrative reconsideration committee in some conditional provinces throughout the country. Therefore, this paper will start from targeting administrative disputes relief system in the perspective of principle of administrative law to solve the plight of the current system of administrative reconsideration institutions through two aspects: improving the current system of administrative reconsideration institutions and modifying the law to set up the administrative review committee.This paper is divided into four parts. The first part is the introduction. As a foreshadowing part of the full text, this chapter makes a research of the origin and significance of the research topic. The second part analyses the current status and structure of our country’s administrative disputes relief system by using the actual data to prove that its main problems are the administrative reconsideration relief system is not independent, and it cannot get the trust of citizens and does not have the authority. The third part, compared with the reform experience of extraterritorial administrative reconsideration institution, mainly analyses the administrative justice system in Korea and the administrative appeal system in Taiwan China. Ultimately it concludes that a successful administrative disputes relief system needs an independent specialized institution which has centralized authority of reconsideration to support. The fourth part, starting from the reform of our country’s administrative reconsideration institutions, it makes a comparation between some goals, such as administration according to law, error correction, dispute resolution, and right relief. Finally, it summarizes the importance of administration according to law as a basic goal. At the same time, it confirms the reform direction of our country’s administrative disputes relief system, meanwhile it talks about how to improve the situation in the existing administrative reconsideration institutions under the legal framework. When summing up the experience experimental work in the past years, this chapter also points out its problems which are the legality add the specific content of the work, the blurred program needing to be solved immediately. The improvement measures mainly start from strengthening the centralized reconsideration rights of administrative reconsideration and consolidating the reconsideration staff’s professional quality.