On Administrative Reconsideration Of Justice,

As a right relief system,administrative review system should be designed around the right to start relief,To the judicial procedures to ensure the realization of its basic functions.It can be said that the judicial procedure of administrative reconsideration is to achieve basic function of the inherent meaning.However,China's administrative review system have so far, showing excessive and non-obvious and the administrative rules of the character,hinder the realization of its basic functions. Although a beginning of the Administrative Review Law,the norms of behavior,protection of citizens,legal persons and other organizations of the legitimate rights and interests played a big role.However,because of their irrational system,select the right asymmetry,simple procedures,administrative reconsideration and their personnel lack of independence,can not guarantee fair judgement,has hampered the work of administrative reconsideration normal development.Whether practice or theory,the reconstruction of the administrative review system voice getting higher and higher, is the general trend.Law enforcement practice of administrative review system because unreasonably system,select the right asymmetry,simple procedures,administrative reconsideration and their personnel lack of independence,can not guarantee fair judgement,impede the work of administrative reconsideration normal development,not played on the Elimination of enforcement powers Citizens,legal persons or other organizations against the rights of illegal role. And administrative review caseceach year to maintain higher rates, but in maintaining a high rate seen under the administrative law enforcement is not fully raise the level of law enforcement departments,there are other factors which doping.At the same time, legal petition cases significantly increased,as well as the parties have a legal means of relief do not go and choose a petition in this lingering legal relief and non-legal assistance between the Chinese characteristics of a "relief" means that this can not but China's administrative law enforcement,relief is a sad thing.Legislative envisaged as the beginning of administration relative to provide convenient,fast and cheap to eliminate the enforcement power of their rights against illegal system of administrative reconsideration,was no longer its power and prestige,has caught the plight of a system failure.Its own can not protect its own authority,leading to a system failure.China's administrative review because of legislation subject to "non-judicial thinking of" the impact of administrative reconsideration located in the internal supervision of the executive authorities,ignored their rights the nature of the relief in law enforcement practice in trouble.Internal oversight function to the position of administrative reconsideration from the judicial process,procedural justice in the administrative review process of missing traces;written review of the trial means that the growing formalization of administrative reconsideration, administrative reconsideration organs will review the administrative proceedings as a pre-trial procedures are in place to deal with,Can not guarantee that reconsideration of the decision just and fair;review process of applicants with the obvious imbalance between the rights of the applicants,already in a weak position of the applicants position weak,unable to contend with the executive.Therefore,the need to learn from judicial experience of administrative reconsideration to highlight the quasi-judicial nature and,on the basis of this reconfiguration the Administrative Review Law legal system.Of administrative reconsideration of the judicial system,we should be concerned about its path,from the present,the promotion of the judicial process,as far as possible by the introduction of the judicial process with the independence and impartiality,perhaps more than from the promotion of the judicial organization of more And therefore to the specific administrative review procedures for handling cases of attention, and procedures restricting the power of reconsideration organs,and procedural safeguards the rights of the applicants.This article from the status quo of China's administrative review,the reasons for analysis and design of the system in three areas on this issue.