The Research Of Perfecting The Administrative Reconsideration Committee System

The administrative reconsideration committee in this thesis refers to a system that is developed by the Legislative Affairs Office of the State Council of China all over the country as an experimental project in order to re-construct the administrative reconsideration system. As an important legal system, the system of the administrative reconsideration has very important effect during the construction of the harmonious society of socialism, not only supervising and guaranteeing the administration according to law in the practice, but also relieving the legal rights of the citizens, legal persons and other organizations, eliminating and neutralizing disputes. This important relieving system does not have ideal effect. Through the experimental project of the administrative reconsideration committee, we will explore the reforming of the administrative reconsideration system. Through deep analysis, perfecting the system of the administrative reconsideration from the aspects of the location of the value, the location of the function and the supporting systems, we can fully support the legal rights of the citizens, legal persons and other organizations, so re-construct it as an important administrative relieving system. Using the analysis methods such as historical research and comparison research, this thesis analyzes the background of the reform of the administrative reconsideration committee, and treatises primarily the developing mode, the existing problems, especially from the new situation of the administrative reconsideration committee on the basis of the analysis of the problem of the administrative reconsideration, and explores the objective request of the administrative reconsideration committee reform, and provides the historical and realistic background of the administrative reconsideration committee reform, reveals the necessity of the administrative reconsideration committee. Besides the introduction and the epilogue, there are totally four parts in this thesis.The first part analyzes the background of the developing the administrative reconsideration reform. Starting from the new situation of the administrative reconsideration, on the basis of the analyzing the existing problems of the administrative reconsideration, explores its objective necessity of the reform of the administrative reconsideration system, and provides the historical and current background for the reform of the administrative reconsideration committee system, reveals the reforming necessity of the administrative reconsideration.The second part of this thesis does the comparative research about the experimental units of the administrative reconsideration and relatively concentrated administrative reconsideration developed all over the country. Of the 60 experimental units, through the comparatively research of three representative, typical modes of Heilongjiang, Beijing and Shandong, we hope to provide the reference to the reform of the administrative reconsideration committee system which uses it as the core.The third part of this thesis does the research of the administrative reconsideration system from the positive and negative aspects on the basis of the analysis of the three modes, and analyzes roundly. From the theories and practices, this part analyzes the gained effect of the administrative reconsideration committee, proves the experimental reform, and it can be concluded that the experimental reform is in accordance with the developing direction of the administrative reconsideration. But because of many kinds of reasons, many problems occur, especially legal barriers, unclear location, and so on, so the effect of the administrative reconsideration is severely influenced. Through the analysis, this thesis can provide the reference for the perfecting of the administrative reconsideration committee system.The fourth part of this thesis re-constructs the administrative reconsideration system by using the administrative reconsideration committee system on the basis of the analysis of the administrative reconsideration system First, this part orientates the administrative reconsideration system, and establishes the base for the administrative reconsideration reform. Then, this part assumes the setting of the organization and the staff, and defines and divides its rights and duty. After the accomplishment of the core system, it needs a series of supporting system to guarantee the normal operating of this new system, including enlarging the range of accepting the cases, reconsideration preposing, hearing evading system and professional path, and so on. Through the re-constructing of a series of systems, it can be provided much reference and consultation for the perfecting of the administrative reconsideration committee system.