Eligibility Criteria For The Administrative Reconsideration Process Transfer

The administrative dispute is the modern society develops the inevitable phenomenon, but the administration disputed the scope also different has the difference along with the government administration pattern. Regarding the administrative dispute's solution, the modern society needs to have the legal relief method, the administration reconsiders the system is in the modern society one recognition solution administration dispute effective legal method. In China, the administration reconsiders is one kind depends on the application the behavior, take the natural person, the legal person or other organization application as the condition. The administration reconsiders the application reconsidered the activity regarding the administration very important. Enjoys the administration to reconsider the application power the main body is to the concrete administrative action discontented, has the objection administrative relative person. But enjoyed the administration to reconsider the application power and to exercise the administration legitimately to reconsider between effectively the application power still to have the remarkable difference. The administration reconsiders the application power to exercise is effectively the true start administration reconsiders the procedure the key to be. Reconsidered regarding the administration, applicant's application was a foundation, had the legitimate administration to reconsider the application power is key, reconsidered the application power effective exertion, namely the administration reconsidered applicant's qualifications is a key.In practice, in the entire administration reconsiders in the program run process, the administration reconsiders the applicant is not irrevocable, the administration reconsiders applicant's role is may transform unceasingly, therefore, the present administration reconsiders the system to have the necessity to reconsider the applicant qualifications to the administration to give effective screening. Meanwhile, in the process which the administration reconsiders, the administration reconsiders applicant's qualifications is can shift, will have the different situation shift in the different situation.This article will reconsider in the process take the administration the applicant qualifications shift as the research key, through reconsiders in the system to our country present administration, applicant's manifestation, the administration reconsider the application qualifications to recognize that to have the application qualifications shift basic condition to give the detailed elaboration, Through reconsiders the system and the applicant qualifications shift stipulation content research to the foreign partial country administration uses for reference, Forms our country administration to reconsider in the process the applicant qualifications shift fundamental rule, and reconsiders system's further consummation for the Chinese administration to give own comment.