Administrative Reconsideration And Administrative Litigation Convergence

As we all know, the administrative reconsideration and administrative litigation system as an important remedy in the system of administrative remedies, the common commitment to protection of the interests of the parties, monitor the executive administration according to law. The existence of the administrative reconsideration system of administrative disputes in a timely manner to quickly resolve to improve the administrative efficiency; the same time, as one of the litigation system, the administrative proceedings is the last line of defense for resolving disputes, is irreplaceable. Administrative reconsideration and administrative litigation is true that there are many differences and different, but share the same pursuit and value objectives. A good combination of administrative reconsideration and administrative litigation, can give full play to the value of the respective system to achieve the maintenance of basic civil rights. Administrative reconsideration and administrative litigation could be a good convergence of a direct impact on citizens'rights whether to play properly protected.In this paper, the structure is divided into five chapters:the first chapter briefly described the relationship of the administrative reconsideration and administrative litigation, analysis of administrative reconsideration and administrative litigation in the settlement of administrative disputes with their respective advantages and disadvantages.The second chapter discussed today's world legal system developed for administrative reconsideration and administrative litigation, the convergence models such as the United States "the principle of exhaustion of administrative remedies" that only when the administrative disputes through administrative reconsideration can not be a good solution to the administrative dispute can apply to administrative proceedings; Germany "in the administrative proceedings types of decision-making process convergence" model, clearly defined what kind of litigation types for which procedures; France "freedom of choice model", fully conferred on the chief of the relative freedom in the choice of remedies; Japan's administrative reconsideration in front for principle of direct action as an exception convergence model proposed to improve the convergence of the system of administrative reconsideration and administrative litigation, comments and suggestions. The innovation of this paper is to start from a realistic level of development, analysis of the two advanced practice, put forward specific ideas to improve the administrative reconsideration and administrative litigation convergence. Analysis of the research methods, dialectical materialism and historical materialism as a guide, specification and empirical analysis method combining inductive analysis and interpretation of both as well as comparative analysis and historical analysis of combination of research methods.