A Comparative Study On Administrative Reconsideration System Between China And Japan

The administrative reconsideration is reflect to solve the benefit of the masses institutionalized, standardization and legalization orbit is an important institution. In the administrative system of resolving disputes, the administrative reconsideration is administrative organs in accordance with the administrative disputes, solving the contradictions, strengthening the supervision of hierarchy is an important legal system platform. The national average annual through administrative reconsideration resolve administrative dispute over 80.000 up, Corrected a large number of illegal or inappropriate specific administrative act. Administrative reconsideration play an important role in settling the dispute and accelarating legal government construction, to promote the social fairness and justice effectively. With the expansion of the executive power and actively administrative rise increasingly, administrative disputes increasing, processing difficulty increased obviously, the administrative reconsideration system operation has exposed some question, citizen's basic right is affected by many threats;The administrative reconsideration function gradually marginalized, administrative organs inside common supervision system effectively to fully play their due power relief and dispute resolve function. In order to cope with the administrative reconsideration system face of dilemma, improve the efficiency and quality of administrative reconsideration, in the background of building a harmonious society under the full play of their effectively solve the reality of the function of administrative disputes, the state council promulgated the regulations for the implementation of administrative reconsideration, the administrative reconsideration system in the operational level was improved and perfected, but due to the regulations of legislations limits, and legislation process for various reasons of compromise, this regulation has not fully response long theoretical and practical circles of Chinese administrative reconsideration system reform demand, many fundamental problems such as the organ for reconsideration of agency establishment and staffing, administrative reconsideration the hearing of the case method etc all have no fundamental change. The administrative reconsideration in realizing administrative organs internal self monitoring, and become the administrative relative person optional dispute resolution one way. However. Due to the legislative technique of immature, administrative reconsideration system exist deficiencies, such as organ setting, legal liability,trial procedure and connect with the judicial problems.In the first part, the author surveys the basic thoery of administrative reconsideration system, especially analyse the content, feature and scope differences between China and Japan.In the second part, the author points out the defects of administrative reconsideration system in each development stage through contrast between the two nations administrative reconsideration system evolution. It is important significant for administrative reconsideration system research. In April 29th,1999, the People's Republic of China administrative reconsideration law promulgated and practice on October 1st,1999 is milestone, in the implementation of the legislative purpose gives prominence to protect the legal rights of relative person, and also strengthened the supervise to administrative organ. It marks two resolve administrative dispute institutional platform is established and improved, make our country go into a "personalized" historical stage. August 1st,2007 the implementation of the regulations of administrative reconsideration show the innovative of strengthening the construction of the administrative reconsideration offices,to guarantee the administrative reconsideration system from the effective operation in organization. Through perfect and innovation of the relevant system, expedite the administrative reconsideration channels. Introducing the hearing system, perfect the administrative reconsideration examination way. to established the right inform system of administrative reconsideration. Provides the mediation and reconciliation system for reconsideration, and the system of administrative organ " change wrong fast ", etc.The administrative reconsideration law and the administrative reconsideration law implementing regulations was the origin of major legal of Chinese current administrative reconsideration system. Japan's administrative reconsideration system development already for a long time, it plays an important role in solving the administrative disputes and contradictions, the author show the data examples to prove the administrative reconsideration system of Japan does have can be used for reference.In the third part, the author comparative analysis administrative reconsideration system of two countries in the current situation,the data is show the achievements and the deficiencies of our administrative reconsideration svstem in recent vears.As the development of Japan's economic and social benefit pattern complexity, the consciousness of national rights unceasing enhancement, to balance the interests of different interest relationship is increasingly difficult, so it urgent administrative reconsideration system give full play to its simple rapid and administrative functions of self-communion and promote the on the government's trust. In this context, Japan refuses to revise the examination method, in order to enhance the administrative reconsideration system of convenience to promote its wide application.At last, the author point out the administrative reconsideration system could fully play a role of right remedy lies in how to ensure the independence and professional of administrative organs, and based on this, improve the reconsideration program might just have practical significance. The author thinks that the improvement of the system of administrative reconsideration by understanding level, on the other hand is system, system, mechanism of printing. The characteristic with convenient and quicl of administrative reconsideration system should be brought into full play, administrative litigation and administrative reconsideration should in practice, the effective dovetailing supplieth its can. Through the administrative reconsideration lead the way to guarantee the administrative reconsideration system can fully intervention in various types of administrative disputes, on the other hand, to expand the scope of administrative reconsideration, as long as the citizens, legal persons or other organizations that their legitimate rights and interests by administrative subject exercise of public power violations, whether as a still not as. whether the abstract administrative activity or a specific administrative act, shall be incorporated into the scope of administrative remedy, endow the administrative relative person more claim. The author also proposes to strengthen administrative reconsideration staff professionalization and specialization level, make elite reconsideration team. In addition, achieve final mode diversification is administrative reconsideration system consummation an important measure, the writer discussed the some southeast Asian countries, the ruling system characteristics, condition that accords with national conditions, of China towards a legal government has special and positive role.The author points out the defects of our administrative reconsideration system from neither system nor practice aspects respectively by using comparison research method. The cognitive degree of administrative reconsideration system is limite to citizen and the inadequacy of level in administrative agency operation. The deficiency of administrative reconsideration system include the burden of proof is unclear to applicant, the relationship of administrative review and administrative litigation has not yet fully rationalize, the characteristics of administrative reconsideration system was reflected inadequate, the right of administrative reconsideration is dispersed and work mechanism of administrative reconsideration. The author analysis the reason and then put forward several aspects to improve the administrative reconsideration and strengthen the function of thinking. China is in the key period of reform and development, economic system, social structure, the benefit pattern and idea are all profound changes. To face the new situation, we increase the propaganda of administrative reconsideration, improve the case for quality, strengthen the ability of reconsideration construction work level problem, on the other hand, we must carefully study and solve problems which existing in the system level. The author elaborated from five aspects:integration of administrative remedy resource, improve the mechanism of administrative dispute resolution, perfect administrative reconsideration system, explore relatively concentrated reconsideration power, expand the scope of administrative reconsideration, expedite the channel of administrative reconsideration. Reforming mechanism of the administrative reconsideration trial to achieve final mode diversification. Thoroughly discusses the perfect our country's administrative reconsideration system of specific measures, and hope that through the organization reconstruction and program reengineering to realize the ascension of administrative reconsideration system implementation force.The author believe that we have to pay enough expectations to our administrative review, but we need to clearly understand that the law in operation will encounter difficulties from practice. We can accepted the dramatic contrast between assertoric and should to do something practice work to narrow this discrepancy only when we keep calm and rational to meet the law.