Administrative Reconsideration Organ Studies

As one of important administrative remedies, administrative reconsideration plays an irreplaceable role in maintain rights and interests of administrative relative people. Although current administrative reconsideration system has been established only in short time in our country, it has obtained much achievement. But becauseof of the existence of a series of problems in system design, the administrative reconsideration system in our country still has many problems in actual application. So the current setting system of administrative reconsideration office has been an obstacle of Administrative reconsideration system being well-operating. Thus, this text passes the systematic analysis in the operation condition and the existing problems of administrative reconsideration office. Then puts forward the possible ideas of system design according to administrative reconsideration system overseas. The full text is divided into three parts.Chapter one dicusses legislation and practice of the administrative reconsideration office establishment at first. Then analyzes the implementation of administrative reconsideration of Chinese present situation existing problems and points out that administrative reconsideration offices'independence and dispersion leading to the existing problems. At last explore the root of disadvantages of the administrative reconsideration institutions, and the key of these disadvantages is inaccuracy in administrative reconsideration legislation and the positioning of function and nature of administrative reconsideration.Chapter two expounds administrative reconsideration system on the extraterritorial several developed countries and districts, including the United Kingdom, the United States and Taiwan. The administrative reconsideration system in these countries share a common characteristics is to highlights the characteristics of the administrative reconsideration organ independent. It suggests that the administrative reconsideration organ has become the independent within the scope of the general trends. And we should hold a critical attitude to use these countries experience in administrative reconsideration office establishment.The final chapter, author points out that mode selections and the ideas of system design of the administrative reconsideration offices. Firsty, we should follow the principle of independence, neutrality, professional and unity in setting the administrative reconsideration office. Then, comparative analysis three mode selections administrative reconsideration offices'independence and consider the jurisdiction mode is the best choice. Next, according to successful experiences of several developed countries and districts, author expounds except that establish administrative domain in specific field, the administrative reconsideration committee establish in general administration region.