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Administrative Reconsideration Institutions Study

Posted on:2011-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiuFull Text:PDF
GTID:2206360305968046Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The administrative reconsideration is a kind of important ways for citizens to obtain administrative remedy. Justice is the basic requirement of the administrative reconsideration system, and the problem of setting administrative reconsideration institutions is the key to administrative reconsideration's justice. In the present administrative reconsideration system, as the reconsideration organ's internal organ, the reconsideration institution's fairness of settle disputes is also questioned because of lacking of independent main body status, which also becomes the biggest worry of present administrative reconsideration system in practice. Practice has proved that the justice of disputing resolution and the dispute resolution institution's integrity and authority are closely related. In this case, if our administrative reconsideration system has the improvement space and how to perfect the administrative reconsideration institution set in order to ensure its justice, so this article will study these problems.The paper has five parts, each part of the main content is:The first part is mainly about the basic analysis of administrative reconsideration institution theory, including its basic concept and characteristics, and clarify the relationship between administrative reconsideration organ and administrative reconsideration institution, also clear the three aspects of their duties.In the second part, through investigating the administrative reconsideration institutions setting's legislation process of administrative reconsideration law, analyzing the main problems of administrative reconsideration institutions in practice.The third part introduces and analyzes the administrative reconsideration institution setting conditions in relevant countries and regions, and investigates the administrative reconsidering committee's local practices in some pilot project of our cities, then summarizes the experiences of above two aspects in order to explore the reform path of our administrative reconsideration institution.The fourth part starts with the legislative purpose of administrative reconsideration, then defines the administrative reconsideration's nature and analyzes the value of administrative reconsideration, in order to make clear the administrative reconsideration institutions' nature. Finally, put forward the basic principles of administrative reconsideration which establish the foundation for the concrete system of administrative reconsideration institution.The fifth part based on the four parts constructing our country's administrative reconsideration institution which is named administrative reconsidering committee, and put forward the concrete system design, including the administrative reconsidering committee's organization establishment and personnel allocation, also the duties and operation mode.
Keywords/Search Tags:The administrative reconsideration office, Administrative review committee, Administrative review
PDF Full Text Request
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