Perfection Of Administrative Reconsideration Procedure In China

In April 4, 1989 the people’s Republic of the Seventh National People’s Congress at the second meeting examined and adopted the "administrative procedure law of the people’s Republic of China, symbolized our country opened mingaoguan gate, constructed the way to solve a Guan Min conflicts. In order to cooperate with the implementation of "administrative procedure law", October 9, 1990 seventy-first executive meeting of the State Council passed the "Regulations" the administrative reconsideration, for our country to establish the system of administrative reconsideration, broaden the officials and people contradictory solution. In order to further enhance the authority of administrative reconsideration, play in the settlement of administrative disputes in the role, the ninth session of the Standing Committee of the Ninth National People’s Congress on April 29, 1999 to consider the adoption of the "Administrative Reconsideration Law of the people’s Republic of China". This method changes the "Regulations on administrative reconsideration" "situation of administrative litigation law" mechanical reproduction ", and absorb the mature system of administrative reconsideration Ordinance" after the test of practice. So far, China has established the administrative reconsideration and the administrative litigation of parallel two yuan administrative relief way. The administrative reconsideration system experienced a periodic reform and development process in our country, in order to adapt to social development, our country in 1994, 2007 on the "Regulations" the administrative reconsideration made two changes, and in 2009 the "administrative review law" revised. "Administrative review law" promulgated and perfect China’s administrative relief channels, play an important role in resolving the contradictions between officials and people respect. But because our country administrative reconsideration system construction there is an inherent defect of great, the justice has long been a great challenge, which seriously hindered the play the role of administrative reconsideration. From a practical point of view, the number of cases of administrative reconsideration has a larger increase in the first few years of "Administrative Reconsideration Law" enacted after, to a certain extent, changed the administrative litigation case "a dominant" phenomenon, but this upward trend did not last long, since the 2002 start of administrative reconsideration cases began to decrease trend. In recent years the petition further exacerbated the decline in the momentum of the administrative reconsideration case, widespread throughout the "reconsideration, petition cold hot" phenomenon: on one side is the great people, millions of years petition cases and administrative organs in response to the invested property, resources, and the other side is as the right guarantee mechanism of legal system within the reconsideration, litigation neglected phenomenon, the number of cases of administrative reconsideration is "downturn", leading to the administrative reconsideration system basically is idle and shrinking. This comparison from one level to reflect China’s legal mechanism to solve administrative disputes and did not play its due role, still unable to provide effective relief of the right people, also can obtain the social people’s recognition. The lack of credibility of the administrative reconsideration system is the result of comprehensive effect of multiple factors: "layers of approval" leads to low efficiency, "Officials one another." administrative unspoken rule, the alienation of administrative management system, the most important reason is the administrative reconsideration structural defects caused by the lack of administrative reconsideration procedure impartiality. The administrative reconsideration vitality originates from the fair and efficient procedures, administrative reconsideration procedure is the key to the normal operation of the system of administrative reconsideration. Deletion weakened, our administrative reconsideration procedure justice of the legitimacy of administrative reconsideration system weakens people’s sense of identity, hampered the function of administrative reconsideration system. Therefore, the key to improve the system of administrative reconsideration is to perfect the administrative reconsideration procedure, should be in the security basis for efficient characteristic of administrative reconsideration procedure of adding elements, the procedure justice and rationality, and enhance the fairness of the administrative reconsideration procedure, the realization of the administrative reconsideration procedure is when. The first chapter of this paper use the method of empirical analysis, based on the relevant statistical data and the analysis of typical cases leads to the theme of this paper: it should be to enhance the fairness, realize the administrative reconsideration procedure justify it as the starting point to improve the system of administrative reconsideration.