Administrative Reconsideration And Administrative Litigation By The Convergence Of The Scope Of The Case

The relationship between the executive power and judicial power is key issue of concern in the field of administrative proceedings and judicial review in the world. And the divorcement between the administrative proceedings and the scope of administrative reconsideration is the focus of discussion. In P .R. China, this kind of divorcement is manifested in that the scope of administrative reconsideration is much greater than the scope of judicial review;or some administrative acts are excluded from both administrative reconsideration and legal review.Existence of such dislocation will lead to that cases of the same nature have different results if they come into different procedure. In this way, some cases can only be entered into the administrative reconsideration and can not be reviewed by the court, or the parties can not have any powerful methods to resolve the disputes. This phenomenon indicates that the legal system is not unified, and the technology of China's legislation lags behind.It is necessary to realize the consistency between the two scopes. This is the requirement of the reunification of the relief system, the balance of the powers, the protection of human rights, the carryout of the obligations required by the WTO.The more developed countries and regions have something in common in the convergence of the two scopes. And of course, with their respective national conditions there are some differences. It is the focus of this dissertation to draw China's own model based upon those merits of models of each country and area.We suppose: in order to effectively achieve the supervision of the judicial power over the administrative power, the scope consistency of the administrative review and legal review should be realized.