The Improvement Of The Theory Of Administrative Reconsideration System Procedure Of Our Country

Administrative reconsideration law have been issued with more than10years, and there are regulations on the administrative law enforcement to supplement, can be said to be mature, but the law has its hysteresis quality, with the gradual improvement of the legal consciousness of people, the administrative reconsideration system also appeared the problem of one sort or another, after serious analysis and research, found that there exists administrative reconsideration system in the procedural defects, this has long been a problem but now highlight a splitting, the result will inevitably lead to the public mistrust of the government, the government’s credibility is not high, the administrative ability of natural fell sharply. In the current our country is in the construction has the Chinese characteristic socialism country under the rule of law environment, lag of administrative reconsideration system will surely lead to the construction of our country drop rate, followed by is, of course, to the spirit of doubt and distrust, our country’s legal system so I would like to this topic discussed in the administrative reconsideration article defects and hope to be able to seek the improvement methods and ways, make the administrative reconsideration system is perfected.Entities for administrative reconsideration on the solution of the problem, an administrative organ as ruling of law, its own certain rules to follow, and the law of the set is designed to allow an administrative organ has room for discretion, but if the administrative reconsideration application is not reasonable, legal practice, the administrative reconsideration system in our country would have been useless, gradually fade out to maintain the position of the administrative relative person legitimate rights and interests. Establish new suitable for the situation of our country’s legal system of administrative reconsideration, strict rules by law the case review procedure, set up the administrative reconsideration procedure supervision system of form a complete set, is a means are important in the current reform.To sum up, the reform of the administrative reconsideration system in China is urgent, but also cannot too hot-headed, so I am committed to the program from the administrative reconsideration system reform to the pointcut, stick to the legitimate rights and interests of citizens as the highest starting point, puts forward Suggestions and improvement methods, for the reform of the administrative reconsideration system in China in the new. This article mainly divides into four parts to this question.The first part is the overview of the administrative reconsideration procedure in China. Based on the concept of the administrative reconsideration application, characteristic, function and value are discussed, the theoretical basis of the administrative reconsideration application to interpretation. Because academia for the concept of the administrative reconsideration application understanding is unified, so the article illustrates the only use a small, without much elaboration. On the characteristic analysis of the administrative reconsideration application, for the judicial nature of administrative reconsideration procedure and theory of its judicial avoidance is mainly discussed in this paper. The system of administrative reconsideration procedure in China is obtained with quasi-judicial characteristic. And analyze the value of the administrative reconsideration application, it is emphasized the superiority of administrative reconsideration system in our country, in theory, though probably played poorly in practice, but both breadth and depth of the review, and the relief methods of variety and flexibility are incomparable to other system, which is also the academic circles have abolished administrative reconsideration system calls for the response.The second part mainly expounds the scope of administrative reconsideration system development situation and advantages of characteristics. Set his lessons in the body, eclecticism, is to reform the administrative reconsideration application important way of perfecting our country’s administrative reconsideration system, in this part, I mainly study the mode, method, mode, British and American countries and Japan, South Korea and our country Taiwan area of our country’s peripheral similar administrative reconsideration application system, and after this, analyze its characteristics and advantages, aimed at and below the administrative reconsideration system in China’s development and the status quo in contrast to clarify the defects of the system of administrative reconsideration in China is in the process of loopholes and shortcomings, are committed to the reform and perfection of the administrative reconsideration system in our country.The third part introduced our country the present situation of the system of administrative reconsideration and review procedures, and with the above scope of the present situation of the administrative reconsideration system photograph echo, reveals the bugs in the system of our country’s administrative reconsideration and deficiencies the personnel as the reconsideration of injustice, not the lack of challenge system, evidence system and its procedures such as unreasonable place jurisdiction system. This is lead to our citizens to administrative organ the root cause of the trust degree reduced, and the administrative reconsideration system in China should focus on the direction of reform.Part iv for himself to the idea of perfecting our administrative reconsideration procedure and the suggestion, the improvement of the administrative system must be from a program of reasonable and legitimate, only guarantee the fairness, impartiality, to make the system really have nowhere to go. In administrative reconsideration procedure in China put forward relevant add reasonable procedures at the same time, I also on the recent administrative review committee system of our country has carried on the analysis and study on the administrative review committee system marked the beginning the reform of the administrative reconsideration system in China attaches great importance to the strictness and rationality of its application. Finally, an indispensable legal system of administrative reconsideration of supervision, therefore, puts forward the idea himself, by the procuratorial organ for administrative reconsideration procedure legitimacy examination, procuratorial organs is legal supervision organ in our country, by the review of administrative reconsideration procedure is to be in line with the rule of law legal theory is also spiritual.I can write this paper is through the absorption of advanced ideas and analysis of the academic and like to write. The legitimate rights and interests of citizens need to earnestly safeguard, and general secretary hu jintao once said:the people’s interests above all else. In the current administrative power expanding time, laws, regulations and various rules and regulations for its constraints is particularly important. This paper discusses the reform of the administrative reconsideration system in China focus on the reform of the administrative reconsideration application system and perfect, and put forward own some proposals and Suggestions, hoping to make a completely new look, the administrative reconsideration system in China aims at building China’s socialist rule of law society contributes an own strength.