The Administrative Reconsideration Committee’s Construction And Erfection In Our Country

Currently, our country enters high incidence of the administrative disputes. Withthe increasing of Contradictions among the officials and the publics, theadministration reconsiders is regarded as the main Dispute resolution mechanism ofour country, it is always favored since it is convenient, efficient, free and otheradvantages. But we do not see the desired effect in practice. Administrativereconsideration cases are always less than administrative lawsuits, not to mention alarge number of Petition cases. Besides, the contents of the administrativereconsideration become Incentives of Petition. On the other hand, the main reason isthat the current administrative review system is not reasonable enough, in the otherword, its Specific performance is the lack of the professionalism, independence andauthority of administrative reconsideration institutions.In view of this situation, the core of the reform of our country the administrationreconsiders the system is to build a Independent, authoritative, and professionaladministrative reconsideration organization in practice——the administrationreconsiders the committee.In2007, some provinces and cities of our country develop gradually the pilot ofthe Executive Committee under the guidance of central document. At the same time,the State Council Legislative Affairs Office published 《the experimental work of theCommission’s administrative reconsideration》 in Sep,2008. Making Beijing,Heilongjiang and other eight provinces and cities become Pilot units of theadministration reconsiders the committee. Besides, other provinces should expand therelated work according to their specific circumstances. The Topics Focus on observingof part of the administrative committee of the pilot and summarize main experienceand problems in the pilot process. What＇ s more, compared with overseasadministrative relief system, Korea included, in order that it can improve theadministrative reconsideration of the committee system. The first part: begin a brief description of the theoretical basis of theadministration reconsiders the committee, including history of the administrationreconsiders the committee, reason of the mode of the administrative reconsiderationcommittee, nature, philosophy, and functions of the administrative review Committeeand so on.The second part: Study the current situation of Part of the pilot administrationcommittee, besides, comparing different approaches of some pilots, especially twoparts of committee’s composition and scope of the case, and find out the plight in thepilot process.The third part: introduce South Korea’s administrative adjudication committeeMoreover, and raise Reference to the value of experience of Construction of theadministrative reconsideration committee.The fourth part: lay on the basis of the conclusions of the previous parts, as forthe specific circumstances set by the Administrative Reconsideration Committee, weshould put forward a better idea of construction of the Administrative ReconsiderationCommittee. Besides, as for institutions of the administration reconsiders thecommittee, Composing of the members, Case the procedure for their considerationand related system, there will be a comprehensive exposition.