The Reform Of The Administrative Review System

Administrative Reconsideration Law promulgated in 1999, marking China's administrative reconsideration and administrative litigation system, the system first independent, then had eight years, "Reconsideration Regulations" the promulgation of more specific the system played an important role we all know, the administrative review system is playing an increasingly important role:to resolve social conflicts, to resolve administrative disputes and the strengthening of grass-roots level in the supervision and so on. With the continuous development of their national conditions change, today's system of administrative review regardless of academic research and in practice there are some difficult issues, the existence of these deficiencies of the system will not only hinder the role of the play, a more hindered China the process of building the rule of law, and therefore difficult to adapt to the reality of the development requirements. Based on this, I believe that the system should issue administrative review system, the system means the procedures and scope of the review, etc. to be improved.This article is divided into three parts:Start with the first part of the nature of the administrative review system to start, give an accurate positioning of the system. Orientation on the nature of the system scholars have different opinions, including four doctrines, and compare the current biased in favor of legislation to take administrative, said this put the system into a kind of like to see within the system as a system of self-correction, because the nature of the positioning of the system into the errors, the system was a result of the presence of some defects, such as the status of the system, not independent, impartial poor, too narrow scope, the operational review process also is not strong, etc., these deficiencies severely hampered the role of the administrative review system to play. In view of this, the author in reference to all on the doctrine of the nature of the system, the combination of China's basic national conditions, in the protection of citizens, legal persons and organizations the right purpose, coupled with its role in the settlement of administrative disputes, the nature of the system located in the quasi-judicial.The second part of the systemof administrative review of the problems. There are five:First, the administrative review system, the independence of the management system there is not enough:there is no uniform set of the institution institute ions and independent status; no uniform provincial jurisdiction review the following vertical sectors; provided by the provincial-level behavior the jurisdiction of the original organ, does not meet the principles of justice; and then there is the system "every jurisdiction" disadvantages. Second, have a narrow scope of administrative reconsideration:a civil servant's disciplinary action by their superiors not to participate in the administrative review; when the "public interest" are violated, we can not review, because that is not included within the scope of the review. Third, the administrative review of the operational review process is not strong:the evidence is too simplified system can not guarantee that the others play their role; the role of the Written Review exaggerated, contrary to the principles of procedural fairness; up to automatically accept less than the expected procedures; do not stop the implementation of numerous abuses of this principle. Fourth, the fairness of the system is not enough:there is noindependent case-handling procedures, the total affected by the outside world; further the quality of the staff of the institution fail to meet requirements. Fifth, the relationship between review and litigation:the parties, after review, there is no right of action is not conducive to protecting the rights of the parties; to maintain the original decision to the executive class as the accused, reconsideration function declined.The third part is the analysis of the system before the problems exist, based on the reform of the system of administrative review, and proposed amendments to the Administrative Review Law a good sound methods. First, the first for the above deficiencies, set a unified, independent administrative review committee, which will review the exercise of the functions of the executive authorities; second is to make the system's scope has expanded to be punished for civil servants mentioned earlier, public interests are also part of the abstract administrative actions against all to them; addition is to improve the review process, such as the review does not stop when the exception, of course, the principle of stop bits; review of methods used both in writing and other forms of the principle; on the evidence system requires to be suitably strengthened to safeguard the role of the system to play, the automatic acceptance is also a good help. Finally, to correctly handle the relationship between litigation and review:After reconsideration, the parties should also be resolved by litigation; to be replaced to maintain the reconsideration decision of the defendant class, change the review authority, so that it can not weaken the role of reconsideration.