System Construction And Function Of Transformation

With the development of the socialistic market economy, the situation of the administrative disputes is getting more and more complicated, as well as the increasing number of the cases and the difficulty in settling them. In the system of administrative disputes settling, the administrative reconsideration is an important platform of law that helps in settling the administrative disputes and the social contradiction. Through the system of administrative reconsideration, more than 8 ten thousand of administrative disputes have been settled annually. The system helps in correcting a set of illegal and irregular administrative behaviors, and devotes to the settlement of the disputes on the initial moment, which can also be controlled in the grass roots and inside the administrative system. However, we can not obviate the diversified problems in the function of the institution, despite the achievements. In recent years, the countrywide cases of administrative reconsideration is decreasing in number while the ratio of support is high above the normal. The set of the Authority undertaking reconsideration; the arrangement of personnel, and also the procedure and the method in settling the cases of administrative reconsideration are lack of the essential independence, justness and clarity. Those reasons lead to the doubts on the justice of the administrative reconsideration. When the new characteristics of the administrative disputes in the new period are concerned, there are too many problems to deal with in designing the system. The function of the administrative reconsideration is verging, when it's deeply becoming an ordinary supervising institution, and is not competent for the function of relieving rights and the settling disputes. For purpose of handling the systematic embarrassment; and for promoting the efficiency and the quality of the administrative reconsideration, and furthermore, for sufficiently exerting the function of settling the administrative disputes in the process of building the harmonious society, the State Department issued the《the Regulations concerning Implementation of the Law for Administrative Reconsideration》, in May 29, 2007. The Regulations improves and perfects the administrative reconsideration institution in manipulation. But because there are restrictions and compromises in the legislation for various reasons, the Regulations itself is not response to the requirements of the experts from the theoretic and practical ranks. There still exist many essential problems in the set of the Authority undertaking reconsideration and the arrangement of personnel, even in the method by which the department settles the cases of administrative reconsideration. The essential changing is still on its way. Therefore, it's obviously not realistic to put our hopes on the Regulations, when it can not changing the actuality. According to the situation, the article concerns realizing the promotion of the system in practical influence by establishing the quality and the function of the administrative reconsideration, and in the mean time, by searching the systematic reasons that causes the problems in actual state of affairs; and furthermore, by putting forward the thought which is about how to perfect the institution and to intensify the function, when recombining the organization and restarting the procedure are also needed.