The Research On Administrative Review Procedure Construction

Administrative review system is an important part of administrative reconsideration. To review our current practice, Administrative review system played a role in securing rights of the relative side and restricting illegal operations of the executive power. However, in general, in both practices and effects of administrative review, China is in the lower level. The functions that administrative review system should have are not fully explored. Meanwhile, the problem brought up in resolving administrative disputes and protecting the legitimate rights and interests of the relative side is getting significant. In particular, the administrative review process is too simple, lack of institutional security review procedures and other issues, which is becoming a bottleneck in the development of the administrative review system. Therefore, to enhance and improve the construction of the administrative review process becomes very necessary.Firstly, this paper started from basic theories of construction of the administrative review procedures, came up with the value of the review process, and then analyzed the current situation of the administrative review process construction. On one hand, preliminary progress has been obtained for the administrative review procedures; on the other hand, traditional conservative ideas and misunderstanding on functionality of the system also caused many problems. Second, through researches on empirical cases, this article made a further step investigating the problems like lack of subject independence, poor connection between review procedures and judicial proceedings. Moreover, with all these questions in mind, the author applied comparative approach methodology, explored and summarized the enlightenment concluded from the advanced practical experiences of administrative review procedures construction in foreign countries. Finally, this paper came up with6suggestions about how to improve administrative review procedures by combined research on foreign advanced experience and China’s specific national conditions: First, update the concept of review procedures; second, strengthen the independence of review subject; third, build a multi-level, diverse review process model; fourth, establish comprehensive institutional system of administrative review procedures; fifth, implement arbitrary limits of executive power by strengthening responsibility; sixth, strengthen the connection between administrative review process and the administrative judicial proceedings.