A Research On The Procedural Connection Of Administrative Reconsideration And Administrative Litigation

Administrative reconsideration and Administrative litigation are the relief systems when administrative counterpart’s legal rights are violated by administrative subject, the former can be called administrative remedy, and the latter can be called judicial relief. They have many differences in relief preconditions, relief way, relief program, relief consequences, relief agencies, relief of nature, etc. Therefore, how to make full use of both systems for the smooth settlement of administrative disputes, timely maintaining administrative counterpart’s legal rights and reasonable control of administrative subject’s administrative powers, which is a problem placed in front of the lawmaker. It should be admitted that there is no one better than another, but how to connect their relations to maximize their function in different circumstances. This paper, firstly through analyzing the basic theories of administrative reconsideration and administrative litigation, especially both systems’correlations, we summarize the function and value of both systems. Secondly, through seeing about the foreign about administrative reconsideration and litigation, we summarize the common rules of the world’s major countries and enlightenments. Again, through in-depth studying of the choice of the connection of administrative reconsideration and administrative litigation in our country’s legislation and judicature, we summarize the main defects of the connection of both systems, to find the sally port and stand to farther perfect the connection of both systems. Finally, according to the frontal basic study and analysis, combining the specific conditions of our country, we propose specific ideas to perfect the relation of administrative reconsideration and administrative litigation in our country.