Research On Administrative Proceeding Retrial

It has undergone decades of ups and downs since the administrative procedure law has been enacted, to some extent, the smooth implementation of which has improved the legal system in China. However as time passing, shortcomings of administrative procedural law have gradually revealed. The reforming of lots of the administrative procedure laws is urgent needed, especially the problems appeared in administrative proceedings retrial, so the reforming is more needed.Due to historical reasons, administrative retrial has a strong dependency on civil retrial, which impeded the development of uniqueness of administrative proceedings retrial of, also as a non conventional remedies, retrial in the actual operation was also criticized heavily in administrative litigation, the model of powers is still rampant.The research on the reconstruction of the administrative proceedings retrial has started to be paid attention by the academic people, but it just flows on the surface. The inherent problems is it lacks of the administrative litigation right, so how to protect the administrative litigation right is the key and starting point of reconstructing the system of administrative proceedings retrial.In order to seek a remedy to reconstruct the administrative proceeding retrial. This article tries to criticize and analysis from different points. So reconstruction of administrative proceedings retrial should focus on procedural issues of administrative proceedings retrial, such as the transition of the guideline, subjects, the main reasons, jurisdiction, the system of hearing and deadline and so on.