China’s Administrative Reconsideration System Current Situation And Reform

With the development of the economy, social administrative disputes have been highlighted, smooth soothing social discontent, dissolve social contradiction is to create a harmonious society. In the contemporary world the practice of rule of administrative law, the administrative tribunal took a lot of administrative adjudication, the United States of America n’s part of the executive also has administrative jurisdiction, administrative reconsideration has become one of the dual nature of both administrative and judicial administrative relief system. China’s administrative reconsideration law because there is no escape from" internal error correction" shackles, less emphasis on administrative relief function, whether it is in the system or in practice have made the administrative reconsideration is hard to extricate dilemma, unable to adapt to the need of reality. Accordingly, need draws lessons from foreign administrative reconsideration system introduced in the judicature’s content, reforming the system of administrative reconsideration in China non judicial characteristics, to establish an administrative reconsideration committee, establish the administrative reconsideration fairness, justice value, realize the relief function, on the basis of constructing a new legal system of administrative reconsideration, make it become a neutral, effective administrative relief system. It will facilitate the ease to judicial trial pressure, on the other hand is convenient to ensure the relative people’s legitimate rights and interests.