Research On The Improvement Of Administrative Reconsideration Procedure

Administrative reconsideration is a product of the development of modern democratic politics, it solves administrative disputes through administrative organs by law, strengthens the administrative supervision within their own, and provides an legal means to exercise the administrative relief right for the administrative relative person. Back in period of Northern Warlords Government, China's modern legal was transforming, it had been the legal phenomenon of administrative reconsideration. After New China was founded, Mainland China's administrative reconsideration system has the different development. Until 1999, "the Administrative Reconsideration Law" was promulgated and implemented, our administrative reconsideration system had its independent legal status eventually. After more than ten years of practice, the administrative reconsideration plays an important role in protecting citizens' legitimate rights, monitoring the implementation of administrative power and promoting the administration according to law. But it still faces many of the contradictions and problems.China's legislation of administrative reconsideration is subjected to the "non-judicial-oriented thinking", so the design of administrative reconsideration procedure is too simple, and lack of basic elements of procedural justice and procedural rationality, which makes the implementation of the administrative reconsideration system not satisfactory, legislators' expectation to resolve disputes in a timely manner, to reduce the burden on the court and to facilitate people were not achieve. Reform of the administrative reconsideration process has become the core problem of the reform of the administrative reconsideration system. This paper combined theory and practice, and did a comprehensive discussion about the improvement of administrative reconsideration procedure, to reflect as objectively as possible the status and problems arise of the administrative review procedure system, and to make a systematic suggestion for our country's reform of the administrative reconsideration procedure.This article altogether divides into five chapters.The first chapter is the discourse about the basic theory of the administrative reconsideration procedure of justice. First it introduced the history of administrative reconsideration in China, and following on from the judicial characteristic proceed with, analysed the connotation of the administrative reconsideration procedure of justice, and it also analyzes the limits of grasp what is ualsybqq of judicialization.The second chapter is to mostly analyze China's current system of administrative review procedures reflect the problems and causes.The first describes the system of administrative review procedures of the main problems, that is the inefficient or missing of justice elements of administrative reconsideration procedure. After administrative reconsideration procedure from the single, administrative reconsideration procedure principle, the parties involved in the lack of principles and procedures for administrative review closed in four aspects of administrative reconsideration system existence the main reason of the problem.The third chapter is the study of the law foundation of judicializaion of administrative reconsideration procedure and its necessity. Firstly, the theory foundation -- the theory of procedural justice is approximately introduced, and elaborated the theory of procedural justice administrative review of the basic requirements of the judicial process. Then from the defects in the system of administrative reconsideration procedure, the administrative reconsideration procedure of value pursuit and the society of our country current situation sets out, it analysed the administrative reconsideration procedure reform necessity.The fourth chapter compares the Anglo-American legal system, civil law countries and Taiwan District of China 's administrative reconsideration procedure system. Common law system introduced the British administrative procedure and the United States of America administrative judge program. Continental law system introduced a German opposition procedure and the French administrative remedy procedure. The Taiwan area is the appeal procedure description. We hope that through these pair of countries and regions of the administrative reconsideration procedure system draw lessons from study, combined with China's social reality, draw some of China's judicialization reform of administrative reconsideration procedure beneficial system and principles, for our country the administrative reconsideration procedure is perfect offer draw lessons from template.The fifth chapter is the author of the administrative review procedures on how to achieve justice for the recommendation. The administrative review application and acceptance into the program phase, the trial stage and the decision to stage three parts are discussed. The first stage in the application and acceptance, proposed to relax the conditions of application for administrative reconsideration, the reconsideration of whether the original application submitted by the executive, gave a more detailed discussion. Followed by the administrative reconsideration of the trial phase of the improvement made some comments and recommendations that require administrative review of the mode of trial refinement, proposed the creation of summary proceedings; a hearing proceedings the provisions of principle too, the need for hearing the proceedings of some of the specific operation rules clearly defined; avoidance system and the lack of a system represented by counsel, is not conducive to protecting the legitimate rights and interests, the proposed legislation introduced in the administrative reconsideration; the right to inform the system requires is not perfect, it is recommended to add the right to inform the system of administrative review process informed of the rights; lack of systematic procedures for administrative review of the rules of evidence, the proposed legislation as soon as possible perfect. Finally, the decision of the administrative review stage determines the type of administrative reconsideration, conciliation and mediation system, the system made a number of reform proposals and opinions.