Study On Administrative Reconsideration Committees In China Based On Practice In8Pilot Provinces (1Centrally Administered Municipality Included)

Administrative reconsideration committees are established by localgovernments under authority of the central government and focus onAdministrative reconsideration cases which are in the local governments’ andgovernment departments’ jurisdictions.These committees play different roles in administrative reconsiderationcases and the constitutions of their members are different. Some committeesplay judges but some play consultants. There are3models of constitution ofcommittee members among these committees. The executive office isestablished in very committee.These committees’ jurisdictions are different. In some provinces, thecommittees’ jurisdictions cover corresponding local governments’ and all thegovernment departments’ jurisdiction.But in other provinces, cases relatingto public security, commerce and industry administration and labor insuranceare excluded from the committee’s jurisdictions.Many executive offices investigate most cases through documented review and present reports of the cases, but local government departmentsconduct investigation of corresponding cases independently or jointly insome provinces. These reports are often submitted to the committees forapproval. But in many provinces, reports of short causes dispense with thecommittees’ approval. In some provinces, not only the committees’ approvalbut also corresponding governments’ approval is obligatory for the reports.Impartiality and expertise are qualities people expect administrativereconsideration committees to boast. But sometimes these two qualitiesconflict with each other in one committee member. Official members boastexpertise related to the cases but may be partial to the defendant department.Outsider members may be more impartial but without good knowledge ofissues of the case. Applicants of administrative reconsideration criticizedocumented reviews which exclude their participation in administrativereconsideration and contribute little to verification of facts of cases.