Administrative Review System Is A Comparative Study

Administrative Reconsideration (Administrative Review) which is an important way to resolve administrative questions plays important role in most countries' law system. Because of the difference of history, the political system , the economical system and the law culture, every country has its own Administrative Reconsideration system. The thesis makes a comparison among some important western countries. Starting with the analyzing of the Administrative Reconsideration in the United Kingdom of England, the United States of America , France , Germany, Japan and Taiwan, the author point out the defects of the Administrative Reconsideration system in our county and try to put forward some proposals.The thesis is composed of three parts besides the preface and the concluding words, almost 38,000 words totally.In the preface, the author digs out the different name of the Administrative Reconsideration in other countries and the advantage of the way of comparison. It is also the base of this article.Part Ⅰ In this part, the author mainly describe the history of Administrative Reconsideration in western countries. And then analyze the reason why the Administrative Reconsideration can come into being. At last on the theoretical level, the author analyze the relation between the Administrative Reconsideration and the theories of "rule of law", "separation of power". Depending on the stating of the history of Administrative Reconsideration system in western countries the author point out the appearance of the Administrative Reconsideration is of the need of the reality but not the theoretically pre-design. The Administrative Reconsideration is not contrary to the "the rule of law" and "separation of power".Part Ⅱ In this part, the author mainly focus on the legal provision of the Administrative Reconsideration in other countries including: the scope, the agency, the applier, the procedure and the relief of the inAdministrative Reconsideration system in order to have a through understanding of the Administratiye Reconsideration system in foreign countries and make a comparison of different ways.Part Ⅲ In this part, firstly the author describe the history of the Administrative Reconsideration system of China, then point out the defects of the Administratiye Reconsideration system in our country. In the end, basing on the analyzing above the author made her own proposals to resolve these questions.The concluding words is the author's wish to complete the Administrative Reconsideration system of china and some pity for this article. The author try to make this article more comprehensive but because of the limitation of the materials and the knowledge, she can not do it better. This is a pity.