Administrative Reconsideration And Administrative Litigation Research Problems

Administrative reconsideration and administrative litigation are the important means of our country’s administrative reliving system to solve the arguments. Due to the existence of a few of problems on the interface between two systems in our country, impair the relief of executive rights. It seems more attention to academic research on the relationship between these two systems, but for administrative reconsideration and administrative litigation system interface issues are not many systematic and comprehensive study.This article has analyzed the interface from the perspective of the macro-and-micro way. The first part starts from our current administrative reconsideration and administrative litigation convergence models. And then I tend to analyze the drawbacks in the model designs, like the conflicts in the setting, which lead to the result going against "final solution to the principle of justice". After that, the related systems in other countries are reviewed, such as, "American model" which administrative relief is prior to judicial relief; "German model" which differs the methods of relief by types of administrative litigation and "France, Japan model" in which the parties have the right to choose the method of relief. The different features and designs of the systems in different countries provide valuable experiences in dealing with the convergence in our system design. On the basis of previous parts of the article, I further study on the micro level, such as, the condition of the case acceptance and examination, the scope of the case, the application of the law. And in the last part, I also recommend two aspects for reconstruction and improvement.On the one hand, administrative reconsideration of final type should be canceled, pre-set standards should be further clarified,and the promotion of freedom of choice-based. On the other hand, I proposed to synchronize the case range of two systems,and to expand the scope of the review. From the specific legislation, administrative standard documents system and the administrative evidence system should be further improved.