South Korea Administrative Review Judicial And Its Revelation To China

Administrative reconsideration is the administrative action made according to law by Administrative reconsideration organ for the inspection of legitimacy and appropriateness meanwhile making the decision of Administrative reconsideration in terms of the Administrative reconsideration application made according to law by the Citizens and legal persons or other organizations when they refuses to accept the specific administrative act made by the administrative body because they think the specific administrative acts of the administrative body invades their legal rights and interests. It is widely accepted by countries around the world due to its convenient and cheap features and becomes an important way of administrative remedies for many peoples with deep influence for administrative remedy, however China’s administrative reconsideration system is not complete and less operational, the administrative reconsideration is in need of reform.This article aims at the elaboration of the administrative reconsideration system in South Korea and makes special discussion and research refer to the independence of the judicial institutions and the fairness of the outcome of the trial to provide successful experience for the realization of China’s administrative reconsideration system reform and speed up the administrative reconsideration judicial along with the reform strategy.Firstly, there are many problems of China’s administrative reconsideration system, it’s lack of independence, on the one hand, the administrative reconsideration organ can’t proceed the administrative reconsideration cases independently, so China with the experience of South Korea’s Administrative Review Committee and the classification level to establish independent administrative review committee and sets the different types of administrative reconsideration committee at the corresponding administrative levels thus to ensure fair and objective of administrative review results in China.Secondly, the conclusion is made that relevant security system should be set accompany with the set of Administrative Review Committee from the brief analysis of a series of problems caused by no special administrative committee in China in order to procedural safeguards administrative reconsideration to perform its functions and ensure the achievements of the rel.ief of the administrative reconsideration system and supervisory functions.In conclusion, To truly achieve a fair and objective hearing administrative disputes in China, Our Administrative reconsideration institutions need to learn from South Korea’s administrative reconsideration committee by absorption of professional talent to the Administrative Review Committee to enhance the independence and professional of the Commission of administrative reconsideration thus to ensure scientific and fairness of the administrative reconsideration decision.