Research On The Commission Of The Administrative Reconsideration In China

The commission of the administrative reconsideration is still in pilot state today. Although the units who carry out the system of the commission of the administrative reconsideration are more and more, and it is really helpful in searching for different ways in innovation, in providing basic and practical experience in revising the administrative reconsiderations law, this situation will not exist very long. We have to complete the research state in a relatively short period, to establish the commission of the administrative reconsideration which is national used system and make it be fair, and to complete the revision of the administrative reconsiderations law as soon as possible. The work of the administrative reconsiderations in 2010 was comprehensively summarized in the meeting, the people who attended the meeting carefully analysed the current new situation and tasks which was faced by the work of administrative reconsiderations, identified the thinking and keys of the work in 2011, in order to realize the creation and development of the work of administrative reconsiderations.By observing, we found that the pilot results of the administrative reconsiderations commission work was badly affected by the leaders'attitudes. If the leader paid close attention to the pilot work, the result would be good. On the contrary, it would be not. In fact, which we need is a conventional rules system, but not the different results which is connected with the leadership. Or the system will never achieve the desired target. For example, the administrative reconsiderations commission doesn't work very well in some units where the leaders think the system is not important. Even the leaders pay attention to the system, if the replacement of the eyespots or the leaders come up, it will affect the pilot work going into depth. The pilot work is only in form in many pilot units, does not have a change substantially. It doesn't work materially in improvement of the administrative reconsiderations. We must be careful to avoid these mistakes when we build the system of the administrative reconsiderations commission. We must make sure that the purpose of the reformation is to improve and optimize the existing mechanism, instead of chasing the appearance effect.At the same time, it has appeared some new problem to be solved in the pilot work. Such as, because of the inaccurate positioning, the function of the administrative reconsideration commission doesn't express well, and the integration of the relation and the connection of the procedure between the administrative reconsiderations commission and other government departments are not very good. Besides, the decisions of the commission can't be carried out swimmingly, etc. As a major project in China today, the system of the administrative reconsiderations commission has many aspects work to do, and different people have different research points. This article sets out from the angle of the qualitative location and system design, to attempt to set up the system of the administrative reconsideration commission, which is based on the experiences from the pilot work and learning from other systems, and even external practices. On the one hand, it represents the internal institutional setting of the administrative reconsideration commission in detail in this article. On the other hand, it talks about the evidence rules of the administrative reconsideration which is pretty important and urgent. Formally, the article seems to be loose and disorder, but actually it all surrounds to stand on the basis of the original merits of the system of the administrative reconsideration, to establish and complete the relative unified system of the administrative reconsideration commission which implements nationally top-down.