Administrative Reconsideration Of Legislative And Practical Issues To Study

This text have considered that the Chinese and foreign administrative reconsideration system evolution of development at first, have analysed a great deal of contradictions and problems that the system of administrative reconsideration faces, with becoming estranged in "administrative reconsideration law", have introduced the meaning of the system administration of justice ization of administrative reconsideration and possible mode. Have explained the merit of system quality of the administrative reconsideration, that is the reason of existing and its shortcoming and weakness, point out that the administrative reconsideration as the system that can conduct citizen's right simple, easily and rapidly, unsuitable to regard reducing efficiency as the cost to violate its existing reason and set up the excessively complicated procedure, so to find a balance between right and efficiency from system design becomes essential. Conceiving system of administrative reconsideration, the questions should be considered as following, as to breaking the law or not improper administration behavior offer rights and interests for relative people of whether it is simple and easy, fast relief and administrative self- controlling guarantee objective law order and administrative this Liang of purpose of operation of fairness promptly, with which purpose it is a focal point, however "the law of administrative reconsideration" focus on the first point, and at the same time make great efforts to give consideration to and realize the second purpose.From the idea of this text, "the Law of Administrative Reconsideration" has stipulated every basic system of the administrative reconsideration intactly and systematically, and consummate the administrative reconsideration system, relieve great meaning for the system of our country administration procedures, demonstrate a lot of system innovation.but there are a lot of insufficient existing, such as legal provisions are incompleted, deficient too at the same time. These insufficient was caused by its contradiction on existing and designing program, to solve these problems, need deeply analysis and discussion, seek the balance between fair and benefit, one should hold relevant systems and measure to conceive the suitable almsgiving syetem.This text regards this as the clue. Combine "the Law of Administrative Reconsideration" to probe into several questions existing in every legislation and practice of administrative reconsideration, try to put forward some plots and propose.One should stipulate and perfect the organizational form, form personnel, duty and authority,etc. Propose adopting the committee by administration, management and reconsideration which the law expert made up, discuss systems and try the case of reconsidering jointly, in order to benefit the situation strongly one should be professional to the case of administrative reconsideration, help and solve the problem personnel of administrative reconsideration and ensure the systems of organization of administrative reconsideration.The administrative reconsideration automatically accepts the system and written censorship,etc., when carrying out the principle convenient for people all-sidedly, the shortcoming appears which ignores applicant's procedural right for the system design was simple, that's impossible to make relative people realize the basic goal safeguard of one's own lawful rights and interests through the administrative reconsideration. So when design system, administrative reconsideration law must have been simple and convenient with weighing the procedural choice, in order to protect applicant's lawful rights and interests. And, through observing the particularity of the system of administrative reconsideration, one can determine not to set up" No Aggravating Principle of the Reconsideration "Law in abstract administration include administrative reconsideration, propose at abstract administration behaviors which administrative organ make in heavy to include administrative reconsideration in range to a cer...