A Study Of The Reconstructing Of The Administrative Reconsideration Institutions In China

As one of important administrative remedy administrative reconsideration plays an important role in maintain rights and interests of administrative relative people.It is a convenient method of remedies and a form of setting administrative disputes which countries in the world universally adopts and offers to offer. It places a very important role. Although administrative reconsideration system has been established only in short time in our country,it has obtained much achievement.We should also to see objectively that administrative reconsideration system in our country still has remained big margin comprised with the mature administrative reconsideration system of the foreign countries and still has many problems in actual application.Because of the congenital defects in system design, our country's current administrative reconsideration system has a trend that shrinks gradually, it is time to review and carry on this system.This text passes the analysis in the situation of administrative reconsideration system of our country and administrative reconsideration system overseas and analyzes the problems of the administrative reconsideration system of our country and proposes some advice for how to prefect and reconstruct the administrative reconsideration system suitable to our country.The full text is divided into four parts. Chapter one carries on prelimininary analysis to nature of administrative reconsideration system.The nature of administrative reconsideration system should be both administrative and judicial;next analyzes the implementation of administrative reconsideration of Chinese present situation and existing problems and points out that Chinese implementation of the administrative reconsideration is unsatisfactory, finally puts forward the administrative reconsideration institutions is plagued with problems. The problems which administrative reconsideration institutions exists are the most important reasons which leads to the implementation of administrative reconsideration.Chapter two expounds administrative reconsideration system on the extraterritorial several developed countries, including the United Kingdom, the United States, France, Germany and Japan. These successful experiences of these countries provide a useful reference for Chinese administrative reconsideration system reconstruction.Chapter three carries on the necessity and feasibility for the administrative reconsideration institutions reconstruction and points out that the reconstruction of the organization of administrative reconsideration institution is collegiate system, standard is independent, unified, professional, model is justice mode.The fourth chapter, author points out that idea on Chinese administrative reconsideration institutions reconstruction is a unified, independent administrative reconsideration committee should be set. Next, author expounds power and status, generate, composition and mandate, modalities, jurisdiction system, administrative reconsideration officer for the relevant system of administrative reconsideration of the Commission and how to supervise the administrative reconsideration committee.Finally it is pointed out, through to the reformation of administrative reconsideration institution, establishing the national conditions of China's administrative reconsideration committee to solve defects and deficiencies. I hope through this article can contribute my meager forces to reconstruct and innovate our administrative reconsideration institution.