Study On The Administrative Reconsideration Institutions Of China

As the development of administrative country theory, the function of a country was changed from maintaining social order negatively into promoting social welfare positively, the range of administration expanded continuously and the administrative affairs was on the increase. To fit for the universality and complication of administration and to better realize the administrative target, administration was endowed with massive discretionary power to improve the administrative efficiency. As the extending of administrative power, administrative dispute began to increase; the trend for the diversification of administrative remedy was inexorable. At present, of all administrative remedies in our country, including administrative proceeding, administrative reconsideration, administrative claim, and administrative compensation, administrative reconsideration becomes more and more popular because of the advantages of quickness, thrift, and efficiency.In recent years, the quantity of accepted cases of administrative reconsideration have been descending year by year in our country, the administrative reconsideration system is not as effectively as administrative litigation in practice ,what's more, it shrink gradually. One of the most important reasons why the administrative reconsideration suffered predicament is that there are lots of problems in the administrative reconsideration institutions. For instance, the administrative reconsideration institutions scatter too much, causing the case allocation unbalanced and resulting in the waste of reconsideration resource. The administration reconsideration institutions could not make the final decision of reconsideration independently, therefore, people begin to doubt if bureaucrats shield one another. There is no enough professional reconsideration personnel in our country, some of them are transferred from other branches provisionally, so it is hard for them to make the convincing conclusion. In 2007, the"implementation regulation of administrative reconsideration law"was issued ruling personnel and outlay, but it is too principled to be implemented. In other words, the problems reconsideration institutions are still unsolved, so it is necessary for it to make a change to meet the development of administrative reconsideration system.As a good saying goes,"by other's faults, wise men correct their own". By reviewing some of the best countries in reconsideration, we can find how to reform our administrative reconsideration institutions. On the basis of comparison and induction of the reconsideration institutions of different countries and regions, combining the concrete situation of china, it becomes the common view to establish administrative reconsideration commission. Some of provinces have established administrative reconsideration commission to solve the current problems administrative reconsideration institutions suffered. To sum up the experiences these provinces seek out in the process of establishing administrative reconsideration commission and design concrete system, we can solve the current problems in administrative reconsideration institutions and make it better.