On The Legislative Process Of The Chinese Administrative Review System

The State Council has the administrative reconsideration law included in the 2010 legislative plan. Every year our country through administrative reconsideration administrative dispute resolve in about 80000, this figure than through administrative litigation to resolve administrative dispute cases should be less, a part of the world country of the two figures of the ratio of nearly 10 to 1, some even reached 24:1. At the same time, China has about 70% of the administrative dispute, the administrative reconsideration procedure without directly mentioning an administrative lawsuit. There is a lack of publicity, people do not know the reason, also has the work carried out by all kinds of factors limited reasons, but the main reason is the system of administrative reconsideration is not perfect. China's administrative reconsideration work for many years development, administrative reconsideration system defects and deficiencies gradually began to appear, embodied in:China's administrative reconsideration system overall design and function also focused on internal government hierarchical supervision, are not well adapted to construct more" effective, convenient, just" the administrative dispute resolution mechanism of social demand; scope of administrative reconsideration is too narrow, large number of administrative dispute is also free to administrative reconsideration channels, the system of administrative reconsideration of the role and advantages is far still did not get effective play; the administrative reconsideration system, mechanism needs innovation, administrative reconsideration authority, professionalism and credibility to be enhanced; administrative reconsideration procedure to be standardized, trial method and the case method to be rich; and the administrative reconsideration, administrative litigation petition in the system is also remains to strengthen cohesion, match etc.. In view of these problems, improve and perfect the system of administrative reconsideration in China urgently needs to.Aiming at these problems, this paper will take the administrative reconsideration law will be revised as the turning point, analysis of China's system of administrative reconsideration and its development trends, as well as the system of administrative reconsideration in China present situation and malpractice, and perfecting the law system of administrative reconsideration to propose the opinion.